Common use of ADMINISTRATION, DETERMINATION OF BENEFITS, AND CLAIMS PROCEDURE Clause in Contracts

ADMINISTRATION, DETERMINATION OF BENEFITS, AND CLAIMS PROCEDURE. a. The Plan shall be administered by the Company’s Board of Directors, which shall have the authority, duty and power to interpret and construe the provisions of the Plan as the Board deems appropriate including the authority to determine eligibility for benefits under the Plan. The Board shall have the duty and responsibility of maintaining records, making the requisite calculations and disbursing the payments hereunder. The interpretations, determinations, regulations and calculations of the Board shall be final and binding on all persons and parties concerned. Any benefits payable under this Plan will be paid only if the Plan Administrator decides in its discretion that the applicant is entitled to them. b. Expenses of administration shall be paid by the Company. The Board shall be entitled to rely on all tables, valuations, certificates, opinions, data and reports furnished by any actuary, accountant, controller, counsel or other person employed or retained by the Company with respect to the Plan. c. Notwithstanding any provision herein to the contrary, neither the Company nor any individual acting as an employee or agent of the Company shall be liable to the Executive, the Executive’s designated beneficiary, the Executive’s estate or any other person for any claim, loss, liability or expense incurred in connection with the Plan, unless attributable to fraud or willful misconduct on the part of the Company or any such employee or agent of the Company. d. All claims for benefits shall be handled through the following procedure: (i) Claim. A person who believes that he is being denied a benefit to which he is entitled under the Plan (hereinafter referred to as a “Claimant”) may file a written request for such benefit with the Company, setting forth his claim. The request must be addressed to the President of the Company at its then principal place of business. (ii) Claim Decision. Upon receipt of a claim, the Company shall advise the Claimant that a reply will be forthcoming within ninety (90) days and shall, in fact, deliver such reply within such period. The Company may, however, extend the reply period for an additional ninety (90) days for reasonable cause. If the claim is denied in whole or in part, the Company shall adopt a written opinion, using language calculated to be understood by the Claimant, setting forth: (A) The specific reason or reasons for such denial; (B) The specific reference to pertinent provisions of this Agreement on which such denial is based; (C) A description of any additional material or information necessary for the Claimant to perfect his claim and an explanation why such material or such information is necessary; (D) Appropriate information as to the steps to be taken if the Claimant wishes to submit the claim for review; and (E) The time limits for requesting a review under Section 6(e)(iii) and for review under Section 6(e)(iv).

ADMINISTRATION, DETERMINATION OF BENEFITS, AND CLAIMS PROCEDURE. a. The Plan shall be administered by the Company’s Board of Directors, which shall have the authority, duty and power to interpret and construe the provisions of the Plan as the Board deems appropriate including the authority to determine eligibility for benefits under the Plan. The Board shall have the duty and responsibility of maintaining records, making the requisite calculations and disbursing the payments hereunder. The interpretations, determinations, regulations and calculations of the Board shall be final and binding on all persons and parties concerned. Any benefits payable under this Plan will be paid only if the Plan Administrator decides in its discretion that the applicant is entitled to them. b. Expenses of administration shall be paid by the Company. The Board shall be entitled to rely on all tables, valuations, certificates, opinions, data and reports furnished by any actuary, accountant, controller, counsel or other person employed or retained by the Company with respect to the Plan. c. Notwithstanding any provision herein to the contrary, neither the Company nor any individual acting as an employee or agent of the Company shall be liable to the Executive, Executive the Executive’s designated beneficiarybeneficiaries, the Executive’s estate or any other person for any claim, loss, liability or expense incurred in connection with the Plan, unless attributable to fraud or willful misconduct on the part of the Company or any such employee or agent of the Company. d. All claims for benefits shall be handled through the following procedure: (i) Claim. A person who believes that he is being denied a benefit to which he is entitled under the Plan (hereinafter referred to as a “Claimant”) may file a written request for such benefit with the Company, setting forth his claim. The request must be addressed to the President of the Company at its then principal place of business. (ii) Claim Decision. Upon receipt of a claim, the Company shall advise the Claimant that a reply will be forthcoming within ninety (90) days and shall, in fact, deliver such reply within such period. The Company may, however, extend the reply period for an additional ninety (90) days for reasonable cause. If the claim is denied in whole or in part, the Company shall adopt a written opinion, using language calculated to be understood by the Claimant, setting forth: (A) The specific reason or reasons for such denial; (B) The specific reference to pertinent provisions of this Agreement on which such denial is based; (C) A description of any additional material or information necessary for the Claimant to perfect his claim and an explanation why such material or such information is necessary; (D) Appropriate information as to the steps to be taken if the Claimant wishes to submit the claim for review; and (E) The time limits for requesting a review under Section 6(e)(iii) and for review under Section 6(e)(iv).

ADMINISTRATION, DETERMINATION OF BENEFITS, AND CLAIMS PROCEDURE. a. The Plan shall be administered by the Company’s 's Board of Directors, which shall have the authority, duty and power to interpret and construe the provisions of the Plan as the Board deems appropriate including the authority to determine eligibility for benefits under the Plan. The Board shall have the duty and responsibility of maintaining records, making the requisite calculations and disbursing the payments hereunder. The interpretations, determinations, regulations and calculations of the Board shall be final and binding on all persons and parties concerned. Any benefits payable under this Plan will be paid only if the Plan Administrator decides in its discretion that the applicant is entitled to them. b. Expenses of administration shall be paid by the Company. The Board shall be entitled to rely on all tables, valuations, certificates, opinions, data and reports furnished by any actuary, accountant, controller, counsel or other person employed or retained by the Company with respect to the Plan. c. Notwithstanding any provision herein to the contrary, neither the Company nor any individual acting as an employee or agent of the Company shall be liable to the Executive the Executive's designated beneficiaries, the Executive’s designated beneficiary, the Executive’s 's estate or any other person for any claim, loss, liability or expense incurred in connection with the Plan, unless attributable to fraud or willful misconduct on the part of the Company or any such employee or agent of the Company. d. All claims for benefits shall be handled through the following procedure: (i) Claim. A person who believes that he is being denied a benefit to which he is entitled under the Plan (hereinafter referred to as a “"Claimant”") may file a written request for such benefit with the Company, setting forth his claim. The request must be addressed to the President of the Company at its then principal place of business. (ii) Claim Decision. Upon receipt of a claim, the Company shall advise the Claimant that a reply will be forthcoming within ninety (90) days and shall, in fact, deliver such reply within such period. The Company may, however, extend the reply period for an additional ninety (90) days for reasonable cause. If the claim is denied in whole or in part, the Company shall adopt a written opinion, using language calculated to be understood by the Claimant, setting forth: (A) The specific reason or reasons for such denial; (B) The specific reference to pertinent provisions of this Agreement on which such denial is based; (C) A description of any additional material or information necessary for the Claimant to perfect his claim and an explanation why such material or such information is necessary; (D) Appropriate information as to the steps to be taken if the Claimant wishes to submit the claim for review; and (E) The time limits for requesting a review under Section 6(e)(iii) and for review under Section 6(e)(iv).

ADMINISTRATION, DETERMINATION OF BENEFITS, AND CLAIMS PROCEDURE. a. The Plan shall be administered by the Company’s Board of Directors, which shall have the authority, duty and power to interpret and construe the provisions of the Plan as the Board deems appropriate including the authority to determine eligibility for benefits under the Plan. The Board shall have the duty and responsibility of maintaining records, making the requisite calculations and disbursing the payments hereunder. The interpretations, determinations, regulations and calculations of the Board shall be final and binding on all persons and parties concerned. Any benefits payable under this Plan will be paid only if the Plan Administrator decides in its discretion that the applicant is entitled to them. b. Expenses of administration shall be paid by the Company. The Board shall be entitled to rely on all tables, valuations, certificates, opinions, data and reports furnished by any actuary, accountant, controller, counsel or other person employed or retained by the Company with respect to the Plan. c. Notwithstanding any provision herein to the contrary, neither the Company nor any individual acting as an employee or agent of the Company shall be liable to the Executive, Executive the Executive’s designated beneficiary, the Executive’s estate or any other person for any claim, loss, liability or expense incurred in connection with the Plan, unless attributable to fraud or willful misconduct on the part of the Company or any such employee or agent of the Company. d. All claims for benefits shall be handled through the following procedure: (i) Claim. A person who believes that he is being denied a benefit to which he is entitled under the Plan (hereinafter referred to as a “Claimant”) may file a written request for such benefit with the Company, setting forth his claim. The request must be addressed to the President of the Company at its then principal place of business. (ii) Claim Decision. Upon receipt of a claim, the Company shall advise the Claimant that a reply will be forthcoming within ninety (90) days and shall, in fact, deliver such reply within such period. The Company may, however, extend the reply period for an additional ninety (90) days for reasonable cause. If the claim is denied in whole or in part, the Company shall adopt a written opinion, using language calculated to be understood by the Claimant, setting forth: (A) The specific reason or reasons for such denial; (B) The specific reference to pertinent provisions of this Agreement on which such denial is based; (C) A description of any additional material or information necessary for the Claimant to perfect his claim and an explanation why such material or such information is necessary; (D) Appropriate information as to the steps to be taken if the Claimant wishes to submit the claim for review; and (E) The time limits for requesting a review under Section 6(e)(iii) and for review under Section 6(e)(iv).