Common use of Calendar Year Data Election Clause in Contracts

Calendar Year Data Election. For purposes of determining who was a Highly Compensated Employee (other than as a five-percent owner), did the Employer make a calendar year data election for the following Plan Years? 1997 [_] Yes [_] No [_] Not Applicable 2001 [_] Yes [_] No [_] Not Applicable 1998 [_] Yes [_] No [_] Not Applicable 2002 [_] Yes [_] No [_] Not Applicable 1999 [_] Yes [_] No [_] Not Applicable 2003 [_] Yes [_] No [_] Not Applicable 2000 [_] Yes [_] No [_] Not Applicable 2004 [_] Yes [_] No [_] Not Applicable

Calendar Year Data Election. For purposes of determining who was a Highly Compensated Employee (other than as a five-percent owner), ) did the Employer make a calendar year data election for the following Plan Years? 1997 [_] Yes [_] No [_] Not Applicable 2001 [_] Yes [_] No [_] Not Applicable 1998 [_] Yes [_] No [_] Not Applicable 2002 [_] Yes [_] No [_] Not Applicable 1999 2000 [_] Yes [_] No [_] Not Applicable 2003 [_] Yes [_] No [_] Not Applicable 2000 1998 [_] Yes [_] [_] Not [_] [_] [_] [_] [_] Not Yes No Applicable 2001 Yes No [_] Not Applicable 2004 Yes No Applicable 1999 [_] Yes [_] No [_] Not Applicable[_] [_] [_] Not Yes No Applicable 2002 Yes No Applicable NOTE: If a box is not selected for a year, "Yes" shall be deemed to be selected for such year.