Common use of Arbitration of Participant Claims Clause in Contracts

Arbitration of Participant Claims. Any controversy or claim made on or after November 1, 2004, resulting from the denial, in whole or in part, by the Committee of any Claimant's claim for benefits under this Plan and/or claims for breach of fiduciary duties (other than such claims brought by Directors) shall be resolved by arbitration administered by the American Arbitration Association (“AAA”) under its Employee Benefit Plan Claims Arbitration Rules, incorporated by reference herein. The decision of the arbitrator shall be final and binding and judgment on the award may be entered in any court having jurisdiction. The arbitrator shall be selected from a list of nine potential arbitrators chosen from the National Panel of Employee Benefit Plan Claims Arbitrators. The Claimant and the Plan shall have alternating rights to strike the name of a potential arbitrator from the list until the name of only one arbitrator remains. The party that strikes first shall be determined by coin toss and each party shall then alternately strike until only one name is left and he or she shall be the arbitrator selected. The Claimant and the Plan shall each have the opportunity to reject one entire list of arbitrators and request a new list. The arbitration shall be commenced by filing a demand for arbitration with the AAA within the time period set forth in Article IV, Section 23. The arbitration shall be conducted in Los Angeles, California, and shall follow the procedures of the AAA. The arbitrator shall apply the same standard in reviewing the Committee's decision that a court would apply under similar circumstances in reviewing the denial of a claim. Except as provided below, each of the parties to the arbitration shall bear its own attorneys fees and costs, except as provided in Article X, Section 5 with respect to claims against Directors, although the arbitrator shall have the ability to award attorney's fees and costs in accordance with Section 502(g)(1) of ERISA. The cost of the arbitrator's fee and any administrative expenses charged by AAA shall be paid by the Plan. /// 130 Section ADDED – Amendment LXII, April 27, 2005, retroactively effective November 1, 2004 (Section 24 was added.) Restated 1993 Trust Agreement (Inclusive of Amendments I through CVI) Restated 1993 Trust Agreement (Inclusive of Amendments I through CVI)

Arbitration of Participant Claims. Any controversy or claim made on or after November 1, 2004, resulting from the denial, in whole or in part, by the Committee of any Claimant's claim for benefits under this Plan and/or claims for breach of fiduciary duties (other than such claims brought by Directors) shall be resolved by arbitration administered by the American Arbitration Association (“AAA”) under its Employee Benefit Plan Claims Arbitration Rules, incorporated by reference herein. The decision of the arbitrator shall be final and binding and judgment on the award may be entered in any court having jurisdiction. The arbitrator shall be selected from a list of nine potential arbitrators chosen from the National Panel of Employee Benefit Plan Claims 132 Section ADDED – Amendment XXV, August 25, 1999, effective August 25, 1999. 133 Section ADDED – Amendment LXII, April 27, 2005, retroactively effective November 1, 2004 (Section 24 was added.) Restated 1993 Trust Agreement (Inclusive of Amendments I through CXII) Arbitrators. The Claimant and the Plan shall have alternating rights to strike the name of a potential arbitrator from the list until the name of only one arbitrator remains. The party that strikes first shall be determined by coin toss and each party shall then alternately strike until only one name is left and he or she shall be the arbitrator selected. The Claimant and the Plan shall each have the opportunity to reject one entire list of arbitrators and request a new list. The arbitration shall be commenced by filing a demand for arbitration with the AAA within the time period set forth in Article IV, Section 23. The arbitration shall be conducted in Los Angeles, California, and shall follow the procedures of the AAA. The arbitrator shall apply the same standard in reviewing the Committee's decision that a court would apply under similar circumstances in reviewing the denial of a claim. Except as provided below, each of the parties to the arbitration shall bear its own attorneys fees and costs, except as provided in Article X, Section 5 with respect to claims against Directors, although the arbitrator shall have the ability to award attorney's fees and costs in accordance with Section 502(g)(1) of ERISA. The cost of the arbitrator's fee and any administrative expenses charged by AAA shall be paid by the Plan. /// 130 Section ADDED – Amendment LXII, April 27, 2005, retroactively effective November 1, 2004 (Section 24 was added.) Restated 1993 Trust Agreement (Inclusive of Amendments I through CVI) Restated 1993 Trust Agreement (Inclusive of Amendments I through CVICXII)

Arbitration of Participant Claims. Any controversy or claim made on or after November 1, 2004, resulting from the denial, in whole or in part, by the Committee of any Claimant's claim for benefits under this Plan and/or claims for breach of fiduciary duties (other than such claims brought by Directors) shall be resolved by arbitration administered by the American Arbitration Association (“AAA”) under its Employee Benefit Plan Claims Arbitration Rules, incorporated by reference herein. The decision of the arbitrator shall be final and binding and judgment on the award may be entered in any court having jurisdiction. The arbitrator shall be selected from a list of nine potential arbitrators chosen from the National Panel of Employee Benefit Plan Claims Arbitrators. The Claimant and the Plan shall have alternating rights to strike the name of a potential arbitrator from the list until the name of only one arbitrator remains. The party that strikes first shall be determined by coin toss and each party shall then alternately strike until only one name is left and he or she shall be the arbitrator selected. The Claimant and the Plan shall each have the opportunity to reject one entire list of arbitrators and request a new list. The arbitration shall be commenced by filing a demand for arbitration with the AAA within the time period set forth in Article IV, Section 23. The arbitration shall be conducted in Los Angeles, California, and shall follow the procedures of the AAA. The arbitrator shall apply the same standard in reviewing the Committee's decision that a court would apply under similar circumstances in reviewing the denial of a claim. Except as provided below, each of the parties to the arbitration shall bear its own attorneys fees and costs, except as provided in Article X, Section 5 with respect to claims against Directors, although the arbitrator shall have the ability to award attorney's fees and costs in accordance with Section 502(g)(1) of ERISA. The cost of the arbitrator's fee and any administrative expenses charged by AAA shall be paid by the Plan. /// 130 Section ADDED – Amendment LXII, April 27, 2005, retroactively effective November 1, 2004 (Section 24 was added.) Restated 1993 Trust Agreement (Inclusive of Amendments I through CVICVII) Restated 1993 Trust Agreement (Inclusive of Amendments I through CVICVII)

Arbitration of Participant Claims. Any controversy or claim made on or after November 1, 2004, resulting from the denial, in whole or in part, by the Committee of any Claimant's claim for benefits under this Plan and/or claims for breach of fiduciary duties (other than such claims brought by Directors) shall be resolved by arbitration administered by the American Arbitration Association (“'AAA”') under its Employee Benefit Plan Claims Arbitration Rules, incorporated by reference herein. The decision of the arbitrator shall be final and binding and judgment on the award may be entered in any court having jurisdiction. The arbitrator shall be selected from a list of nine potential arbitrators chosen from the National Panel of Employee Benefit Plan Claims Arbitrators. The Claimant and the Plan shall have alternating rights to strike the name of a potential arbitrator from the list until the name of only one arbitrator remains. The party that strikes first shall be determined by coin toss and each party shall then alternately strike until only one name is left and he or she shall be the arbitrator selected. The Claimant and the Plan shall each have the opportunity to reject one entire list of arbitrators and request a new list. The arbitration shall be commenced by filing a demand for arbitration with the AAA within the time period set forth in Article IVVII, Section 237. The arbitration shall be conducted in Los Angeles, California, and shall follow the procedures of the AAA. The arbitrator shall apply the same standard in reviewing the Committee's decision that a court would apply under similar circumstances in reviewing the denial of a claim. Except as provided below, each of the parties to the arbitration shall bear its own attorneys fees and costs, except as provided with respect to claims against Directors in Part II – Administration (Article X, Section 5 with respect to claims against Directorsof the Pension Plan), although the arbitrator shall have the ability to award attorney's fees and costs in 130 ADDED – Amendment LXII April 27, 2005, retroactively effective November 1, 2004. (Section 9 was added.) 1993 Restated Trust Agreement (Inclusive of Amendments I through XCIX) accordance with Section 502(g)(1) of ERISA. The cost of the arbitrator's fee and any administrative expenses charged by AAA shall be paid by the Plan. /// 130 Section ADDED – Amendment LXII, April 27, 2005, retroactively effective November 1, 2004 (Section 24 was added.) 1993 Restated 1993 Trust Agreement (Inclusive of Amendments I through CVIXCIX) 1993 Restated 1993 Trust Agreement (Inclusive of Amendments I through CVIXCIX)

Arbitration of Participant Claims. Any controversy or claim made on or after November 1, 2004, resulting from the denial, in whole or in part, by the Committee of any Claimant's claim for benefits under this Plan and/or claims for breach of fiduciary duties (other than such claims brought by Directors) shall be resolved by arbitration administered by the American Arbitration Association (“'AAA”') under its Employee Benefit Plan Claims Arbitration Rules, incorporated by reference herein. The decision of the arbitrator shall be final and binding and judgment on the award may be entered in any court having jurisdiction. The arbitrator shall be selected from a list of nine potential arbitrators chosen from the National Panel of Employee Benefit Plan Claims Arbitrators. The Claimant and the Plan shall have alternating rights to strike the name of a potential arbitrator from the list until the name of only one arbitrator remains. The party that strikes first shall be determined by coin toss and each party shall then alternately strike until only one name is left and he or she shall be the arbitrator selected. The Claimant and the Plan shall each have the opportunity to reject one entire list of arbitrators and request a new list. The arbitration shall be commenced by filing a demand for arbitration with the AAA within the time period set forth in Article IVVII, Section 237. The arbitration shall be conducted in Los Angeles, California, and shall follow the procedures of the AAA. The arbitrator shall apply the same standard in reviewing the Committee's decision that a court would apply under similar circumstances in reviewing the denial of a claim. Except as provided below, each of the parties to the arbitration shall bear its own attorneys fees and costs, except as provided with respect to claims against Directors in Part II – Administration (Article X, Section 5 with respect to claims against Directorsof the Pension Plan), although the arbitrator shall have the ability to award attorney's fees and costs in 127 ADDED – Amendment LXII April 27, 2005, retroactively effective November 1, 2004. (Section 9 was added.) 1993 Restated Trust Agreement (Inclusive of Amendments I through XCIII) accordance with Section 502(g)(1) of ERISA. The cost of the arbitrator's fee and any administrative expenses charged by AAA shall be paid by the Plan. /// 130 Section ADDED – Amendment LXII, April 27, 2005, retroactively effective November 1, 2004 (Section 24 was added.) 1993 Restated 1993 Trust Agreement (Inclusive of Amendments I through CVIXCIII) 1993 Restated 1993 Trust Agreement (Inclusive of Amendments I through CVIXCIII)

Arbitration of Participant Claims. Any controversy or claim made on or after November 1, 2004, resulting from the denial, in whole or in part, by the Committee of any Claimant's claim for benefits under this Plan and/or claims for breach of fiduciary duties (other than such claims brought by Directors) shall be resolved by arbitration administered by the American Arbitration Association (“'AAA”') under its Employee Benefit Plan Claims Arbitration Rules, incorporated by reference herein. The decision of the arbitrator shall be final and binding and judgment on the award may be entered in any court having jurisdiction. The arbitrator shall be selected from a list of nine potential arbitrators chosen from the National Panel of Employee Benefit Plan Claims Arbitrators. The Claimant and the Plan shall have alternating rights to strike the name of a potential arbitrator from the list until the name of only one arbitrator remains. The party that strikes first shall be determined by coin toss and each party shall then alternately strike until only one name is left and he or she shall be the arbitrator selected. The Claimant and the Plan shall each have the opportunity to reject one entire list of arbitrators and request a new list. The arbitration shall be commenced by filing a demand for arbitration with the AAA within the time period set forth in Article IVVII, Section 237. The arbitration shall be conducted in Los Angeles, California, and shall follow the procedures of the AAA. The arbitrator shall apply the same standard in reviewing the Committee's decision that a court would apply under similar circumstances in reviewing the denial of a claim. Except as provided below, each of the parties to the arbitration shall bear its own attorneys fees and costs, except as provided with respect to claims against Directors in Part II – Administration (Article X, Section 5 with respect to claims against Directorsof the Pension Plan), although the arbitrator shall have the ability to award attorney's fees and costs in 128 ADDED – Amendment LXII April 27, 2005, retroactively effective November 1, 2004. (Section 9 was added.)‌‌ 1993 Restated Trust Agreement (Inclusive of Amendments I through XCV) accordance with Section 502(g)(1) of ERISA. The cost of the arbitrator's fee and any administrative expenses charged by AAA shall be paid by the Plan. /// 130 Section ADDED – Amendment LXII, April 27, 2005, retroactively effective November 1, 2004 (Section 24 was added.) 1993 Restated 1993 Trust Agreement (Inclusive of Amendments I through CVIXCV) 1993 Restated 1993 Trust Agreement (Inclusive of Amendments I through CVIXCV)

Arbitration of Participant Claims. Any controversy or claim made on or after November 1, 2004, resulting from the denial, in whole or in part, by the Committee of any Claimant's claim for benefits under this Plan and/or claims for breach of fiduciary duties (other than such claims brought by Directors) shall be resolved by arbitration administered by the American Arbitration Association (“AAA”) under its Employee Benefit Plan Claims Arbitration Rules, incorporated by reference herein. The decision of the arbitrator shall be final and binding and judgment on the award may be entered in any court having jurisdiction. The arbitrator shall be selected from a list of nine potential arbitrators chosen from the National Panel of Employee Benefit Plan Claims 130 Section ADDED – Amendment XXV, August 25, 1999, effective August 25, 1999. 131 Section ADDED – Amendment LXII, April 27, 2005, retroactively effective November 1, 2004 (Section 24 was added.) Restated 1993 Trust Agreement (Inclusive of Amendments I through CX) Arbitrators. The Claimant and the Plan shall have alternating rights to strike the name of a potential arbitrator from the list until the name of only one arbitrator remains. The party that strikes first shall be determined by coin toss and each party shall then alternately strike until only one name is left and he or she shall be the arbitrator selected. The Claimant and the Plan shall each have the opportunity to reject one entire list of arbitrators and request a new list. The arbitration shall be commenced by filing a demand for arbitration with the AAA within the time period set forth in Article IV, Section 23. The arbitration shall be conducted in Los Angeles, California, and shall follow the procedures of the AAA. The arbitrator shall apply the same standard in reviewing the Committee's decision that a court would apply under similar circumstances in reviewing the denial of a claim. Except as provided below, each of the parties to the arbitration shall bear its own attorneys fees and costs, except as provided in Article X, Section 5 with respect to claims against Directors, although the arbitrator shall have the ability to award attorney's fees and costs in accordance with Section 502(g)(1) of ERISA. The cost of the arbitrator's fee and any administrative expenses charged by AAA shall be paid by the Plan. /// 130 Section ADDED – Amendment LXII, April 27, 2005, retroactively effective November 1, 2004 (Section 24 was added.) Restated 1993 Trust Agreement (Inclusive of Amendments I through CVI) Restated 1993 Trust Agreement (Inclusive of Amendments I through CVICX)