Common use of Claims Procedure and Arbitration Clause in Contracts

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 12 contracts

Samples: Executive Supplemental Retirement Plan (Bank of Granite Corp), Executive Supplemental Retirement Plan (Ecb Bancorp Inc), Executive Supplemental Retirement Plan (Ecb Bancorp Inc)

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Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive (or to the Executive's beneficiary(ies) his Beneficiary in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and and, if the claim is denied, in whole or in part, they it shall provide in writing writing, within sixty ninety (6090) days of receipt of such claim the claim, its specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim. Such written notice writing by the Administrator shall further indicate the additional steps to which must be taken undertaken by claimants if a further an additional review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it comments, in writing, they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan and the Joinder Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitrationmediation, administered by the American Arbitration Association ("AAA") (or a mediator selected by the parties) in accordance with the AAA's Commercial Mediation Rules. The arbitrator If mediation is not successful in resolving the dispute, it shall be selected settled by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound administered by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to AAA under its Commercial Arbitration Rules, and judgment on the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound award rendered by the decision thereunderarbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 8 contracts

Samples: Executive Supplemental Retirement Income Agreement (Greater Community Bancorp), Executive Supplemental Retirement Income Agreement (United National Bancorp), Executive Supplemental Retirement Income Agreement (Synergy Financial Group Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) his beneficiary in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty ninety (6090) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixtyninety-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty ninety (6090) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty ninety (6090) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Bank, and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," ", such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 8 contracts

Samples: Executive Supplemental Retirement Plan (Ameriana Bancorp), Executive Supplemental Retirement Plan Agreement (Merrill Merchants Bancshares Inc), Executive Supplemental Retirement Plan (Ameriana Bancorp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's ’s beneficiary(ies) in the case of the Executive's ’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's ’s discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 7 contracts

Samples: Executive Supplemental Retirement Plan (BV Financial, Inc.), Executive Supplemental Retirement Plan (United Financial Inc), Executive Supplemental Retirement Plan Agreement (South Street Financial Corp)

Claims Procedure and Arbitration. In the event a dispute arises over with respect to benefits under this Executive Plan Agreement and the disputed benefits are not paid to paid, then the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then his beneficiaries may make a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and and, if the claim is denied, denied in whole or in part, they shall provide respond in writing within sixty (60) days of receipt of such claim the claim, stating specific reasons for such the denial, reference and providing references to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants claimant(s) if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-prescribed sixty (60) day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first initial claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it that may feel be appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto Parties agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to benefits forfeited as a result of the Bank's ’s discharge of the Executive "for cause," For Cause, such dispute shall likewise be submitted to arbitration as described above described and the parties hereto Parties agree to be bound by the decision thereunderarbitrator’s decision.

Appears in 7 contracts

Samples: Executive Salary Continuation Agreement (Central Valley Community Bancorp), Executive Salary Continuation Agreement (Central Valley Community Bancorp), Executive Salary Continuation Agreement (Central Valley Community Bancorp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's ’s beneficiary(ies) in the case of the Executive's ’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty forty-five (6045) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty forty-five (6045) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixtyforty-day five(45)day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty forty-five (6045) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty forty-five (6045) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's ’s discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 6 contracts

Samples: Executive Salary Continuation Agreement (ESSA Bancorp, Inc.), Executive Salary Continuation Agreement (ESSA Bancorp, Inc.), Executive Salary Continuation Agreement (ESSA Bancorp, Inc.)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator Arbitrator for final arbitration. The arbitrator Arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator Arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive for "for cause," ", such dispute shall likewise be submitted to arbitration as above above-described and the parties hereto agree to be bound by the decision thereunder.

Appears in 5 contracts

Samples: Executive Supplemental Retirement Plan (CCF Holding Co), Executive Salary Continuation Agreement (Central Valley Community Bancorp), Executive Salary Continuation Agreement (Central Valley Community Bancorp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 5 contracts

Samples: Executive Salary Continuation Agreement (Origin Bancorp, Inc.), Executive Salary Continuation Agreement (Hampden Bancorp, Inc.), Executive Salary Continuation Agreement (North Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they it shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement this agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 5 contracts

Samples: Executive Salary Continuation Agreement (American Bancorp of New Jersey Inc), Executive Salary Continuation Agreement (American Bancorp of New Jersey Inc), Executive Salary Continuation Agreement (American Bancorp of New Jersey Inc)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive (or to the Executive's beneficiary(ies) his Beneficiary in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and and, if the claim is denied, in whole or in part, they shall provide in writing writing, within sixty thirty (6030) days of receipt of such claim the claim, their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement or the Joinder Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim. Such written notice writing by the Bank and its Board of Directors shall further indicate the additional steps to which must be taken undertaken by claimants if a further an additional review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty thirty (6030) days of the first claim denial. Claimants may review this Executive Plan Agreement, the Joinder Agreement or any documents relating thereto and submit any written issues and comments it comments, in writing, they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty thirty (6030) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of this Agreement or the Plan Joinder Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement and the Joinder Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator it shall be selected settled by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound administered by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to AAA under its Commercial Arbitration Rules, and judgment on the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound award rendered by the decision thereunderarbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 4 contracts

Samples: Non Qualified Supplemental Executive Retirement Agreement (QCR Holdings Inc), Non Qualified Supplemental Executive Retirement Agreement (Sound Federal Bancorp Inc), Non Qualified Supplemental Executive Retirement Agreement (Sound Federal Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) (individually and collectively the "claimant") and such claimants feel they claimant feels he is are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above Bank within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator Bank shall review the written claim and if the claim is denied, in whole or in part, they the Bank shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by the claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail Bank fails to take any action within the aforesaid sixty-day period. If claimants desire a claimant desires a second review they review, the claimant shall notify the Named Fiduciary and Plan Administrator Bank in writing within sixty (60) days of the first claim denial. Claimants The claimant may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it the claimant may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator Bank shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Executive Agreement upon which the decision is based. If claimants continue the claimant continues to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants the claimant may submit the dispute to an arbitrator Arbitrator for final arbitration. The arbitrator Arbitrator shall be selected by mutual agreement of the Bank and the claimantsclaimant. The arbitrator Arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Arbitrator with respect to any controversy properly submitted to it for determinationit. Where If a dispute arises as to the Bank's discharge of the Executive for "for cause," ", such dispute shall likewise be submitted to arbitration as above above-described and the parties hereto agree to be bound by the decision thereunder.

Appears in 4 contracts

Samples: Executive Supplemental Retirement Agreement (GBC Bancorp Inc), Executive Supplemental Retirement Agreement (GBC Bancorp Inc), Executive Supplemental Retirement Agreement (GBC Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Directors Delayed Compensation Plan Agreement and benefits are not paid to the Executive Director (or to the ExecutiveDirector's beneficiary(ies) in the case of the ExecutiveDirector's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they it shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Directors Delayed Compensation Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Directors Delayed Compensation Plan Agreement or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Directors Delayed Compensation Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator Arbitrator for final arbitration. The arbitrator Arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator Arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's or CTFSC's discharge of the Executive Director for "for cause," ", such dispute shall likewise be submitted to arbitration as above above-described and the parties hereto agree to be bound by the decision thereunder.

Appears in 4 contracts

Samples: Directors Delayed Compensation Plan Agreement (Community Trust Financial Services Corporation), Directors Delayed Compensation Plan Agreement (Community Trust Financial Services Corporation), Directors Delayed Compensation Plan Agreement (Community Trust Financial Services Corporation)

Claims Procedure and Arbitration. In the event a dispute arises over with respect to benefits under this Executive Plan Agreement and the disputed benefits are not paid to paid, then the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then her beneficiaries may make a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and and, if the claim is denied, denied in whole or in part, they shall provide respond in writing within sixty (60) days of receipt of such claim the claim, stating specific reasons for such the denial, reference and providing references to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants claimant(s) if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-prescribed sixty (60) day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first initial claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it that may feel be appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator Arbitrator for final arbitration. The arbitrator Arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator Arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto Parties agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to benefits forfeited as a result of the Bank's ’s discharge of the Executive "for cause," For Cause, such dispute shall likewise be submitted to arbitration as described above described and the parties hereto Parties agree to be bound by the decision thereunderArbitrator’s decision.

Appears in 4 contracts

Samples: Executive Salary Continuation Agreement (Central Valley Community Bancorp), Executive Salary Continuation Agreement (Central Valley Community Bancorp), Executive Salary Continuation Agreement (Central Valley Community Bancorp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Director Plan and benefits are not paid to the Executive Director (or to the Executive's Director’s beneficiary(ies) in the case of the Executive's Director’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Director Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Director Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Director Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's ’s discharge of the Executive "Director “for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 4 contracts

Samples: Director Supplemental Retirement Plan Agreement (Poage Bankshares, Inc.), Executive Supplemental Retirement Plan (Citizens Financial Corp/De/), Director Supplemental Retirement Plan (South Street Financial Corp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan plan upon which the denial is based and any additional material or information necessary to perfect the claim. claim Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," ", such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 4 contracts

Samples: Executive Supplemental Retirement Plan (Cn Bancorp Inc), Executive Supplemental Retirement Plan (Cn Bancorp Inc), Executive Supplemental Retirement Plan (Cn Bancorp Inc)

Claims Procedure and Arbitration. In A. The administrator for purposes of this Agreement shall be the event Company or, following a dispute arises over Change of Control, the Survivor ("Administrator"), whose address is MEEMIC Insurance Company, 000 X. Xxxxxxxx Xxxx, Xxxxx 000, P.O. Box 217019, Xxxxxx Xxxxx, XX 00000, and whose telephone number is (248) 377-8500. The "Named Fiduciary" as defined in Section 402(a)(2) of ERISA, also shall be the Company. The Company shall have the right to designate one or more Company employees as the Administrator and the Named Fiduciary at any time, and to change the address and telephone number of the same. The Company shall give the Executive written notice of any change in the Administrator and Named Fiduciary, or in the address or telephone number of the same. B. The Administrator shall make all determinations as to the right of any person to receive benefits under this Executive Plan and the Agreement. Any denial by the Administrator of a claim for benefits are not paid to by the Executive ("the claimant") shall be stated in writing by the Administrator and delivered or mailed to the Executive's beneficiary(iesclaimant within ten (10) in the case days after receipt of the Executive's death) and claim, unless special circumstances require an extension of time for processing the claim. If such claimants feel they are entitled to receive such benefitsan extension is required, then a written claim must notice of the extension shall be made furnished to the Named Fiduciary and Plan Administrator named above within sixty claimant prior to the termination of the initial 10-day period. In no event shall such extension exceed a period of ten (6010) days from the date payments are refusedend of the initial period. The Named Fiduciary and Plan Administrator Any notice of denial shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim set forth the specific reasons for such the denial, specific reference to the pertinent provisions of this Executive Plan Agreement upon which the denial is based and based, a description of any additional material or information necessary for the claimant to perfect the claim. Such , with an explanation of why such material or information is necessary, and any explanation of claim review procedures, written notice shall further indicate to the additional steps to be taken by claimants if a further review best of the Administrator's ability in a manner that may be understood without legal or actuarial counsel. C. A claimant whose claim denial is desired. A claim shall be deemed for benefits has been wholly or partially denied if by the Named Fiduciary and Plan Administrator fail to take any action may request, within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty ten (6010) days of following the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such denial, in a writing addressed to the Administrator, a review of such denial. The claimant shall be entitled to submit such issues or comments in writing or otherwise, as the claimant shall consider relevant to a determination of the claim, and the claimant may include a request for a hearing in person before the Administrator. Prior to submitting the request, the claimant shall be entitled to review such documents as the Administrator shall agree are pertinent to the claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions The claimant may, at all stages of review, be represented by counsel, legal or otherwise, of the Plan Agreement upon which the decision is basedclaimant's choice. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator All requests for final arbitrationreview shall be promptly resolved. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the Administrator's decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as such review shall be set forth in writing and shall be mailed to the Bank's discharge claimant not later than ten (10) days following receipt by the Administrator of the Executive "claimant's request unless special circumstances, such as the need to hold a hearing, require an extension of time for cause," processing, in which case the Administrator's decision shall be so mailed not later than twenty (20) days after receipt of such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunderrequest.

Appears in 4 contracts

Samples: Change of Control Agreement (Meemic Holdings Inc), Change of Control Agreement (Meemic Holdings Inc), Change of Control Agreement (Meemic Holdings Inc)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive (or to the Executive's beneficiary(ies) his Beneficiary in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and and, if the claim is denied, in whole or in part, they it shall provide in writing writing, within sixty ninety (6090) days of receipt of such claim the claim, its specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim. Such written notice writing by the Administrator shall further indicate the additional steps to which must be taken undertaken by claimants if a further an additional review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it comments, in writing, they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If such determination is favorable to the claimants, it shall be binding and conclusive. If such determination is adverse to such claimants, it shall be binding and conclusive unless the claimants continue to dispute (i) notify the benefit denial based upon completed performance of this Executive Plan or Administrator within ninety (90) days after receipt by the meaning and effect claimants of the terms and conditions thereofAdministrator's determination, then that the claimants may submit intend to institute legal proceedings challenging the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement determination of the Bank Administrator, and the claimants. The arbitrator shall operate under any generally recognized set (ii) actually institute such legal proceedings within one hundred eighty (180) days of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound receipt by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge claimants of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunderAdministrator's determination.

Appears in 4 contracts

Samples: Executive Supplemental Retirement Income Agreement (Magyar Bancorp, Inc.), Executive Supplemental Retirement Income Agreement (Magyar Bancorp, Inc.), Executive Supplemental Retirement Income Agreement (Magyar Bancorp, Inc.)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's beneficiary(iesbeneficiary (ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. claim Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," ", such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 4 contracts

Samples: Executive Supplemental Retirement Plan and Consulting Agreement (Cn Bancorp Inc), Executive Supplemental Retirement Plan and Consulting Agreement (Cn Bancorp Inc), Executive Supplemental Retirement Plan and Consulting Agreement (Cn Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive Director (or to the Executive's beneficiary(ies) his Beneficiary in the case of the Executive's Director’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary Association and Plan Administrator its Board shall review the written claim and and, if the claim is denied, in whole or in part, they shall provide in writing writing, within sixty ninety (6090) days of receipt of such claim the claim, their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan the Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan the Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Association, and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 3 contracts

Samples: Director Deferred Compensation Agreement (First Capital Inc), Director Deferred Compensation Agreement (First Capital Inc), Director Deferred Compensation Agreement (First Capital Inc)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive Director (or to the Executive's beneficiary(ies) his Beneficiary in the case of the ExecutiveDirector's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above Bank within sixty (60) days from the date payments are refused. The Named Fiduciary Bank and Plan Administrator its Board shall review the written claim and and, if the claim is denied, in whole or in part, they shall provide in writing writing, within sixty ninety (6090) days of receipt of such claim the claim, their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator Bank in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan the Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator Bank, through the disinterested member of its Board, shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan the Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a board of Arbitration for final arbitration. The arbitrator Said board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Bank, and the claimantsthird member selected by the first two members. The arbitrator board of Arbitration shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator arbitration board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 3 contracts

Samples: Director Deferred Compensation Agreement (First Bancorp /In/), Director Deferred Compensation Agreement (First Bancorp /In/), Director Deferred Compensation Agreement (First Bancorp /In/)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's ’s beneficiary(ies) in the case of the Executive's ’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's ’s discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 3 contracts

Samples: Executive Salary Continuation Agreement (Origin Bancorp, Inc.), Executive Salary Continuation Agreement (Centra Financial Holdings Inc), Executive Salary Continuation Agreement (Flag Financial Corp)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive (or to the Executive's beneficiary(ies) his beneficiary in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Plan Fiduciary and Plan Administrator and the Bank shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Plan Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixty-ninety (90) day period. If claimants desire a second review review, they shall notify the Named Plan Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive the Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Plan Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of its receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan the Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Corporation and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto hereby agree to be bound by the decision thereunder.

Appears in 3 contracts

Samples: Executive Salary Continuation Agreement (Gulf West Banks Inc), Executive Salary Continuation Agreement (Gulf West Banks Inc), Executive Salary Continuation Agreement (Gulf West Banks Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits with respect to Benefits under this Executive Plan Agreement and benefits the disputed Benefits are not paid to paid, then the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then his beneficiaries may make a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide respond in writing within sixty (60) days of receipt of such claim the claim, stating specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants claimant(s) if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit Benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator Arbitrator for final arbitration. The arbitrator Arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator Arbitrator shall operate under any generally recognized set of arbitration rules. The parties Parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to Benefits forfeited as a result of the Bank's ’s discharge of the Executive "for cause," For Cause, such Benefits dispute shall likewise be submitted to arbitration as above above-described and the parties Parties hereto agree to be bound by the decision thereunder.

Appears in 3 contracts

Samples: Executive Salary Continuation Agreement (Central Valley Community Bancorp), Executive Salary Continuation Agreement (Central Valley Community Bancorp), Executive Salary Continuation Agreement (Central Valley Community Bancorp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Director Plan and benefits are not paid to the Executive Director (or to the ExecutiveDirector's beneficiary(ies) in the case of the ExecutiveDirector's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they it shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Director Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Director Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Director Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank Institution and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the BankInstitution's discharge of the Executive Director "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 3 contracts

Samples: Director Supplemental Income Plan Agreement (Osage Federal Financial Inc), Director Supplemental Income Plan Agreement (Osage Federal Financial Inc), Director Supplemental Income Plan Agreement (Osage Federal Financial Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Director Plan and benefits are not paid to the Executive Director (or to the Executive's Director’s beneficiary(ies) in the case of the Executive's Director’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they it shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Director Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Director Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Director Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's ’s discharge of the Executive "Director “for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 2 contracts

Samples: Director Fee Continuation Agreement (Americanwest Bancorporation), Director Fee Continuation Agreement (Americanwest Bancorporation)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they it shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement this agreement upon which the decision is based. If claimants continue Any controversy or claim arising out of or relating to dispute this Executive Plan, or breach thereof, shall be settled exclusively by arbitration in accordance with the benefit denial based rules then in effect of the district office of the American Arbitration Association ("AAA") nearest to the home office of the Bank, and judgment upon completed performance the award rendered may be entered in any court having jurisdiction thereof, except to the extent that the parties may otherwise reach a mutual settlement of such issue. The provisions of this Paragraph shall survive the expiration of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determinationPlan. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 2 contracts

Samples: Executive Salary Continuation Agreement (American Bancorp of New Jersey Inc), Executive Salary Continuation Agreement (American Bancorp of New Jersey Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) his beneficiary in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty ninety (6090) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixtyninety-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty ninety (6090) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty ninety (6090) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Bank, and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 2 contracts

Samples: Executive Indexed Salary Continuation Plan (Ohio State Bancshares Inc), Executive Indexed Salary Continuation Plan Agreement (Quitman Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits are not paid to the Executive Director (or to the Executive's beneficiary(ies) his Beneficiary in the case of the ExecutiveDirector's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary Bank and Plan Administrator its Board of Directors shall review the written claim and and, if the claim is denied, in whole or in part, they shall provide in writing writing, within sixty ninety (6090) days of receipt of such claim the claim, their specific reasons for such denial, reference to the provisions of this Executive Plan or the Joinder Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim. Such written notice writing by the Bank and its Board of Directors shall further indicate the additional steps to which must be taken undertaken by claimants if a further an additional review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan Plan, the Joinder Agreement or any documents relating thereto and submit any written issues and comments it comments, in writing, they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of this Plan or the Plan Joinder Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan and the Joinder Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitrationmediation, administered by the American Arbitration Association ("AAA") (or a mediator selected by the parties) in accordance with the AAA's Commercial Mediation Rules. The arbitrator If mediation is not successful in resolving the dispute, it shall be selected settled by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound administered by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to AAA under its Commercial Arbitration Rules, and judgment on the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound award rendered by the decision thereunderarbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 2 contracts

Samples: Directors Retirement Plan (Prestige Financial Corp), Directors Shareholder Benefit Plan Agreement (Marion Capital Holdings Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Split Dollar Plan and benefits are not paid to the Executive Insured (or to the ExecutiveInsured's beneficiary(ies) in the case of the ExecutiveInsured's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Split Dollar Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Split Dollar Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Split Dollar Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive Insured "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 2 contracts

Samples: Executive Supplemental Retirement Plan Executive Agreement (Grandsouth Bancorporation), Executive Supplemental Retirement Plan (Grandsouth Bancorporation)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive (or to the Executive's ’s beneficiary(ies) in the case of the Executive's ’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator the Bank shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixty-ninety (90) day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan Agreement or any other documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Bank, and one member selected by the claimantsfirst two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 2 contracts

Samples: Executive Deferred Compensation Agreement (LINKBANCORP, Inc.), Executive Deferred Compensation Agreement (GNB Financial Services Inc)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive (or to the Executive's beneficiary(ies) his Beneficiary in the case of the Executive's ’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty thirty (6030) days from the date payments are refused. The Named Fiduciary Administrator and Plan Administrator its Board of Directors shall review the written claim and and, if the claim is denied, in whole or in part, they shall provide in writing within sixty thirty (6030) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty thirty (6030) days of the first claim denial. Claimants may review this Executive Plan the Agreement or any documents relating thereto and submit any written issues issues, in writing, and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty thirty (6030) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan the Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitrationmediation, administered by the American Arbitration Association (“AAA”) (or a mediator selected by the parties) in accordance with the AAA’s Commercial Mediation Rules. The arbitrator If mediation is not successful in resolving the dispute, it shall be selected settled by mutual agreement arbitration administered by the AAA under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If it is finally determined that Executive (or his Beneficiary) is entitled to the benefits set forth under this Agreement, then all amounts that Executive (or his Beneficiary) would have received up to the time of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns such final determination shall be bound by paid to Executive (or his Beneficiary) with interest (calculated using the decision of Interest Factor) within thirty (30) days after such arbitrator with respect to any controversy properly submitted to it for final determination. Where a dispute arises as to the Bank's Association’s discharge of the Executive "for cause," Cause, such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder. All reasonable legal fees paid or incurred by Executive pursuant to any dispute or questions of interpretation relating to this Agreement shall be paid or reimbursed by the Association.

Appears in 2 contracts

Samples: Executive Supplemental Retirement Income Agreement (Flatbush Federal Bancorp Inc), Executive Supplemental Retirement Income Agreement (Flatbush Federal Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) his/her beneficiary in the case of the Executive's ’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Plan Fiduciary and Plan Administrator and the Corporation shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and based, any additional material or information necessary to perfect the claim, a statement of your right to bring an action under ERISA section 502(a), and a statement of your rights to certain relevant information free of charge. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named The Plan Fiduciary and Plan Administrator fail may determine that an additional period is required to take any action within the aforesaid sixty-day periodreview your claim. If this happens you will receive written notice of such extension and such extension shall not exceed ninety (90) days. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator Board of Directors in writing within sixty (60) days of the first claim denial. Claimants may review this Executive the Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator Board of Directors shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. The Board of Directors may determine that an additional period is required to review your appeal. If this happens you will receive written notice of such extension and such extension shall not exceed sixty (60) days. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan the Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Corporation and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. If the Named Fiduciary and Plan Administrator or the Board does not abide by these procedures the claimant is not required to exhaust these administrative remedies prior to seeking relief in court. Where a dispute arises as to the Bank's Corporation’s discharge of the Executive "for cause," Due Cause”, such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunderhereunder.

Appears in 2 contracts

Samples: Salary Continuation Agreement (Af Financial Group), Salary Continuation Agreement (Af Financial Group)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they it shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review of the matter, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their sole discretion, the The Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitrationarbitration within six (6) months from the actual or calculated date of the final written review. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that unless otherwise agreed by mutual written consent of both parties, there shall be no other alternative dispute resolution in law or equity other than binding arbitration and they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as The arbitrator shall determine any award of attorney's fees or other costs of arbitration to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunderprevailing party.

Appears in 2 contracts

Samples: Executive Incentive Retirement Plan Agreement (MSB Financial Corp.), Executive Incentive Retirement Plan Agreement (MSB Financial Corp.)

Claims Procedure and Arbitration. In the event a dispute arises over with respect to benefits under this Executive Plan Agreement and the disputed benefits are not paid to paid, then the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then his beneficiaries may make a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and and, if the claim is denied, denied in whole or in part, they shall provide respond in writing within sixty (60) days of receipt of such claim the claim, stating specific reasons for such the denial, reference and providing references to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants claimant(s) if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-prescribed sixty (60) day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first initial claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it that may feel be appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator Arbitrator for final arbitration. The arbitrator Arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator Arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto Parties agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to benefits forfeited as a result of the Bank's ’s discharge of the Executive "for cause," For Cause, such dispute shall likewise be submitted to arbitration as described above described and the parties hereto Parties agree to be bound by the decision thereunderArbitrator’s decision.

Appears in 2 contracts

Samples: Executive Salary Continuation Agreement (Central Valley Community Bancorp), Executive Salary Continuation Agreement (Central Valley Community Bancorp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's ’s beneficiary(ies) in the case of the Executive's ’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 2 contracts

Samples: Executive Deferred Compensation Agreement (Origin Bancorp, Inc.), Executive Long Term Compensation Agreement (Sound Financial Bancorp, Inc.)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of arbitration pursuant to the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rulesSouth Carolina Uniform Arbitration Act. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 2 contracts

Samples: Executive Supplemental Retirement Plan (Grandsouth Bancorporation), Executive Supplemental Retirement Plan Executive Agreement (Grandsouth Bancorporation)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive (or to the Executive's beneficiary(ies) his Beneficiary in the case of the Executive's death) and such claimants feel that they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary Administrator (and Plan Administrator the Corporation if different from the Administrator) shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the (i) their specific reasons for such denial, (ii) any reference to the provisions of this Executive Plan Agreement upon which the denial is based based, and (iii) any additional material or information necessary to perfect the claim. Such written notice response shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail failure to take any action respond within the aforesaid sixtyninety-day periodperiod shall in no way be construed to represent an acceptance or affirmation of any written claim by Executive or Beneficiary. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. If no written claim denial was made within the ninety-day period discussed in the paragraph above, the sixty-day period shall commence on the last day of such ninety-day period. Claimants may review this Executive Plan the Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan the Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Arbitration Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Corporation and the claimantsthird member selected by the first two members. The arbitrator Arbitration Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Arbitration Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the BankCorporation's discharge of the Executive for "for causeJust Cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 2 contracts

Samples: Supplemental Executive Retirement Agreement (First United Bancshares Inc /Ar/), Supplemental Executive Retirement Agreement (First United Bancshares Inc /Ar/)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive Director (or to the Executive's Director’s beneficiary(ies) in the case of the Executive's Director’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator the Bank shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixty-ninety (90) day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan Agreement or any other documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Bank, and one member selected by the claimantsfirst two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 2 contracts

Samples: Director Deferred Compensation Agreement (LINKBANCORP, Inc.), Director Deferred Compensation Agreement (GNB Financial Services Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive Director (or to the Executive's beneficiary(ies) his beneficiary in the case of the ExecutiveDirector's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the claimant, one member selected by the Bank and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive Director "for cause," ", such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 2 contracts

Samples: Director Agreement (Ameriana Bancorp), Director Agreement (Ameriana Bancorp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) his beneficiary in the case of the Executive's ’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty ninety (6090) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixtyninety-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty ninety (6090) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty ninety (6090) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Bank, and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's ’s discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 2 contracts

Samples: Executive Supplemental Retirement Plan Agreement, Executive Supplemental Retirement Plan (Crescent Banking Co)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Director Plan and benefits are not paid to the Executive Director (or to the ExecutiveDirector's beneficiary(ies) in the case of the ExecutiveDirector's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty within.sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Director Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Director Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Director Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive Director "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 2 contracts

Samples: Director Deferral Plan Agreement (South Street Financial Corp), Director Supplemental Retirement Plan Agreement (South Street Financial Corp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive Director (or to the Executive's beneficiary(ies) his beneficiary in the case of the ExecutiveDirector's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty ninety (6090) days from the date payments are refused. The Named Fiduciary and Plan Administrator and the Bank shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixtyninety-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty ninety (6090) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty ninety (6090) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Bank, and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 2 contracts

Samples: Director Indexed Fee Continuation Plan Agreement (Shore Bancshares Inc), Director Indexed Fee Continuation Plan Agreement (Shore Bancshares Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive Director (or to the Executive's beneficiary(ies) his beneficiary in the case of the ExecutiveDirector's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty ninety (6090) days from the date payments are refused. The Named Plan Fiduciary and Plan Administrator and the Bank shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Plan Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixtyninety-day period. If claimants desire a second review they shall notify the Named Plan Fiduciary and Plan Administrator in writing within sixty ninety (6090) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto thereto. and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Plan Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty ninety (6090) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or Agreement of the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Bank, and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive Directors "for cause," ", such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Director Indexed Fee Continuation Plan (Eufaula Banccorp Inc)

Claims Procedure and Arbitration. (a) In the event a dispute arises over that benefits under this Executive Plan and benefits are not paid to the Executive Participant (or to the Executive's beneficiary(ies) his Beneficiary in the case of the ExecutiveParticipant's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty thirty (6030) days from the date payments are refused. The Named Fiduciary Administrator and Plan Administrator its Board shall review the written claim and and, if the claim is denied, in whole or in part, they shall provide in writing within sixty thirty (6030) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. . (b) If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty thirty (6030) days of the first claim denial. Claimants may review this Executive the Plan or any documents relating thereto and submit any written issues issues, in writing, and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty thirty (6030) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. . (c) If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan hereunder or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitrationmediation, administered by the American Arbitration Association ("AAA") (or a mediator selected by the parties) in accordance with the AAA's Commercial Mediation Rules. The arbitrator If mediation is not successful in resolving the dispute, it shall be selected settled by mutual agreement arbitration administered by the AAA under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If it is finally determined that Participant (or his Beneficiary) is entitled to the benefits set forth under this Plan, then all amounts that Participant (or his Beneficiary) would have received up to the time of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns such final determination shall be bound by paid to Participant (or his Beneficiary) with interest (calculated using the decision of Interest Factor) within thirty (30) days after such arbitrator with respect to any controversy properly submitted to it for final determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Executive Supplemental Retirement Wage Replacement Plan (Investors Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue Any controversy or claim arising out of or relating to dispute this Agreement, or breach thereof, shall be settled exclusively by arbitration in accordance with the benefit denial based upon completed performance of this Executive Plan or the meaning and rules then in effect of the terms district office of the American Arbitration Association ("AAA") nearest to the home office of the Bank, and conditions judgment upon the award rendered may be entered in any court having jurisdiction thereof, then claimants except to the extent that the parties may submit the dispute to an arbitrator for final arbitrationotherwise reach a mutual settlement of such issue. The arbitrator provisions of this Paragraph shall be selected by mutual agreement survive the expiration of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determinationthis Agreement. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Executive Salary Continuation Agreement (American Financial Group Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive Director (or to the Executive's beneficiary(ies) his beneficiary in the case of the ExecutiveDirector's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Plan Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Plan Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Plan Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their sole discretion, the Named Plan Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the claimant, one member selected by the Bank and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive Director "for cause," ", such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Director Agreement (Flag Financial Corp)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive Director (or to the Executive's beneficiary(ies) his Beneficiary in the case of the ExecutiveDirector's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary Bank and Plan Administrator its Board shall review the written claim and and, if the claim is denied, in whole or in part, they shall provide in writing writing, within sixty ninety (6090) days of receipt of such claim the claim, their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan the Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan the Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Bank, and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Director Deferred Compensation Agreement (Citizens Bancorp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive (or to the Executive's ’s beneficiary(ies) in the case of the Executive's ’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty Sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing writing, within sixty Sixty (60) days of receipt of such claim claim, the specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Agreement Administrator fail fails to take any action within the aforesaid sixty-Sixty (60) day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty Sixty (60) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Agreement Administrator shall then review the second claim and provide a written decision within sixty Sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Executive Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. If the parties are unable to agree on an arbitrator within thirty (30) days after a party first gives to the other party a written request for arbitration, then either party may thereafter petition a court of competent jurisdiction to appoint an arbitrator. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's ’s discharge of the Executive "for causeCause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunderthere-under.

Appears in 1 contract

Samples: Supplemental Compensation Agreement (Columbia Banking System Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's ’s beneficiary(ies) in the case of the Executive's ’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they it shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Executive Deferred Compensation Agreement (Camden National Corp)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive Director (or to the Executive's beneficiary(ies) his Beneficiary in the case of the Executive's Director’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and and, if the claim is denied, in whole or in part, they shall provide in writing writing, within sixty ninety (6090) days of receipt of such claim the claim, their specific reasons for such denial, reference reference. to the provisions of this Executive Plan Agreement or the Joinder Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim. Such written notice writing by the Administrator shall further indicate the additional steps to which must be taken undertaken by claimants if a further an additional review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator Board of Directors of the Bank in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan Agreement, the Joinder Agreement or any documents relating thereto and submit any written issues and comments it comments, in writing, they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator Board of Directors shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of this Agreement or the Plan Joinder Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement and the Joinder Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board of Arbitration shall be consist of one member selected by mutual agreement the claimant, one member selected by the Board of the Bank Directors, and the claimantsthird member selected by the first two members. The arbitrator Board of Arbitration shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and they, their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board of Arbitration with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Director Deferred Compensation Master Agreement (Oceanfirst Financial Corp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-sixty- day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator Arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement arbitration as more fully set forth in paragraph 15, "Arbitration", of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the BankExecutive's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunderEmployment ----------- Agreement.

Appears in 1 contract

Samples: Executive Supplemental Retirement Plan (Community Trust Financial Services Corporation)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Director Plan and benefits are not paid to the Executive Director (or to the Executive's Director’s beneficiary(ies) in the case of the Executive's Director’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Director Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Director Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Director Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator Arbitrator for final arbitration. The arbitrator Arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator Arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Arbitrator with respect to any controversy properly submitted to it for determination. . Where a dispute arises as to the Bank's ’s discharge of the Executive "Director for cause," ”, such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Director Fee Continuation Agreement (Lyons Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits ---------------------------------- Agreement are not paid to the Executive (or to the Executive's beneficiary(ies) his Beneficiary in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty thirty (6030) days from the date payments are refused. The Named Fiduciary Administrator and Plan Administrator its Board of Directors shall review the written claim and and, if the claim is denied, in whole or in part, they shall provide in writing within sixty thirty (6030) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty thirty (6030) days of the first claim denial. Claimants may review this Executive Plan the Agreement or any documents relating thereto and submit any written issues issues, in writing, and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty thirty (6030) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan the Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitrationmediation, administered by the American Arbitration Association ("AAA") (or a mediator selected by the parties) in accordance with the AAA's Commercial Mediation Rules. The arbitrator If mediation is not successful in resolving the dispute, it shall be selected settled by mutual agreement arbitration administered by the AAA under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If it is finally determined that Executive (or his Beneficiary) is entitled to the benefits set forth under this Agreement, then all amounts that Executive (or his Beneficiary) would have received up to the time of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns such final determination shall be bound by paid to Executive (or his Beneficiary) with interest (calculated using the decision of Interest Factor) within thirty (30) days after such arbitrator with respect to any controversy properly submitted to it for final determination. Where a dispute arises as to the BankAssociation's discharge of the Executive "for cause," Cause, such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder. All reasonable legal fees paid or incurred by Executive pursuant to any dispute or questions of interpretation relating to this Agreement shall be paid or reimbursed by the Association.

Appears in 1 contract

Samples: Executive Supplemental Retirement Income Agreement (Flatbush Federal Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits are not paid to the Executive Director (or to the Executive's beneficiary(ies) his Beneficiary in the case of the Executive's Director’s death) or the payment of benefits is curtailed for reasons set forth in Sections 4.7(a) or 4.7(b) and such claimants feel they are claimant feels that he or she is entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) 60 days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and and, if the claim is denied, in whole or in part, they shall provide in writing writing, within sixty (60) 90 days of receipt of such claim the claim, their specific reasons for such denial, reference to the provisions of this Executive Plan or the Joinder Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim. Such written notice writing by the Administrator shall further indicate the additional steps to which must be taken undertaken by claimants if a further an additional review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) 60 days of the first claim denial. Claimants may review this Executive Plan Plan, the Joinder Agreement or any documents relating thereto and submit any written issues and comments it comments, in writing, they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) 60 days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of this Plan or the Plan Joinder Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan and the Joinder Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitrationmediation, administered by the American Arbitration Association (“AAA”) (or a mediator selected by the parties) in accordance with the AAA’s Commercial Mediation Rules. The arbitrator If mediation is not successful in resolving the dispute, it shall be selected settled by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound administered by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to AAA under its Commercial Arbitration Rules, and judgment on the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound award rendered by the decision thereunderarbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 1 contract

Samples: Director Retirement Plan (CF Bancorp)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive (or to the Executive's beneficiary(ies) his Beneficiary in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary Bank and Plan Administrator its Board of Directors shall review the written claim and and, if the claim is denied, in whole or in part, they shall provide in writing writing, within sixty ninety (6090) days of receipt of such claim the claim, their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement or the Joinder Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim. Such written notice writing by the Bank and its Board of Directors shall further indicate the additional steps to which must be taken undertaken by claimants if a further an additional review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan Agreement, the Joinder Agreement or any documents relating thereto and submit any written issues and comments it comments, in writing, they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of this Agreement or the Plan Joinder Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement and the Joinder Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitrationmediation, administered by the American Arbitration Association ("AAA") (or a mediator selected by the parties) in accordance with the AAA's Commercial Mediation Rules. The arbitrator If mediation is not successful in resolving the dispute, it shall be selected settled by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound administered by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to AAA under its Commercial Arbitration Rules, and judgment on the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound award rendered by the decision thereunderarbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 1 contract

Samples: Executive Supplemental Retirement Income Agreement (Prestige Financial Corp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive CEO (or to the Executive's beneficiary(ies) his beneficiary in the case of the ExecutiveCEO's death) and such claimants feel they are entitled to receive received such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty ninety (6090) days from the date payments are refused. The Named Fiduciary Administrator and Plan Administrator the Bank shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied approved if the Named Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixty-ninety day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty ninety (6090) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their sole its discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty ninety (6090) days of the receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for a Board of Arbitration of final arbitration. The arbitrator Said Board of Arbitration shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Bank, and the claimantsthird member selected by the first two members. The arbitrator Board of Arbitration shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors successors, and assigns shall be bound by the decision of such arbitrator Board of Arbitration with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive CEO "For Cause", then solely for cause," the purpose of determining the CEO's rights under this Agreement, such a dispute shall be likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Indexed Executive Salary Continuation Plan Agreement (Rockport National Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Director Plan and benefits are not paid to the Executive Director (or to the Executive's Director’s beneficiary(ies) in the case of the Executive's Director’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Director Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Director Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Director Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator Arbitrator for final arbitration. The arbitrator Arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator Arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's ’s discharge of the Executive "Director for cause," ”, such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Director Fee Continuation Agreement (Lyons Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Key Executive (or to the Executive's beneficiary(ies) his beneficiary in the case of the Key Executive's ’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Plan Fiduciary and Plan Administrator and the Corporation shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Plan Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixtyninety-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan the Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Corporation and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's Corporation’s discharge of the Key Executive "for cause," ”, such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Executive Benefit Plan Master Agreement (Annas Linen Co)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Retention Plan and Agreement and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Retention Plan and Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Retention Plan and Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator Arbitrator for final arbitration. The arbitrator Arbitrator shall be selected by mutual agreement of the Bank Company and the claimants. The arbitrator Arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the BankCompany's discharge of the Executive for "for cause," Cause", such dispute shall likewise be submitted to arbitration as above described above-described; and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Executive Retention Plan (First Community Bancshares Inc /Nv/)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Director Plan and benefits are not paid to the Executive Director (or to the ExecutiveDirector's beneficiary(ies) in the case of the ExecutiveDirector's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Director Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first fist claim denial. Claimants may review this Executive Director Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Director Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive Director "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties parries hereto agree to be bound by the decision thereunder.*

Appears in 1 contract

Samples: Director Supplemental Retirement Plan Agreement (Citizens Bancshares Corp /Ga/)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are claimant feels he or she is entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants claimant if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a claimant desires a second review they he or she shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants Claimant may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it he or she may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue a claimant continues to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants the claimant may submit the dispute to an arbitrator for final arbitration. The arbitrator Any controversy, claim or dispute between the parties concerning this Agreement or the breach thereof shall be selected finally settled by mutual agreement arbitration in Lancaster County, Pennsylvania pursuant to the rules of the Bank American Arbitration Association regarding employment disputes. In such instances, it is agreed that the dispute shall be submitted to final and binding arbitration by one arbitrator; provided, however, that either party may request that there be three arbitrators, in which case each party shall select one arbitrator, and the claimantstwo arbitrators so selected shall select a third. The arbitrator shall operate under any generally recognized set All costs of arbitration rules(other than the costs of a party's own witnesses and professional advisors) shall be paid by the nonprevailing party. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Executive Salary Continuation Agreement (Union National Financial Corp / Pa)

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Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's ’s beneficiary(ies) in the case of the Executive's ’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.for

Appears in 1 contract

Samples: Executive Supplemental Retirement Plan Agreement (Poage Bankshares, Inc.)

Claims Procedure and Arbitration. In the event a dispute arises over benefits Benefits under this Executive Plan Agreement and benefits Benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefitsBenefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit Benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator Arbitrator for final arbitration. The arbitrator Arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator Arbitrator shall operate under any generally recognized set of arbitration rules. The parties Parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's ’s discharge of the Executive "for cause," For Cause, such dispute shall likewise be submitted to arbitration as above above-described and the parties Parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Salary Continuation Agreement (Central Valley Community Bancorp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Director Plan and benefits are not paid to the Executive Director (or to the Executive's Director’s beneficiary(ies) in the case of the Executive's Director’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they it shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Director Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Director Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the The Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Director Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Director Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitrationarbitration within six (6) months from the actual or calculated date of the final written review. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they unless otherwise agreed by mutual written consent of both parties, there shall be no other alternative dispute resolution in law or in equity other than binding arbitration and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as The arbitrator shall determine any award of attorney’s fees or other costs of arbitration to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunderprevailing party.

Appears in 1 contract

Samples: Director Fee Continuation Agreement (GCF Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Director Plan and benefits are not paid to the Executive Director (or to the ExecutiveDirector's beneficiary(ies) in the case of the ExecutiveDirector's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Director Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Director Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Director Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive Director "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Director Supplemental Retirement Plan (Southfirst Bancshares Inc)

Claims Procedure and Arbitration. In the event that a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive Member (or to the Executive's beneficiary(ies) his beneficiary, in the case of the Executive's Member’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Plan Fiduciary and Plan Administrator and the Corporation shall review the written claim and and, if the claim is denied, denied in whole or in part, they shall provide provide, in writing and within sixty ninety (6090) days of receipt of such claim the claim, their specific reasons for such denial, denial and reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants claimant if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Plan Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixty90-day period. If claimants desire a second review review, they shall notify the Named Plan Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive the Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Plan Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan the Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a board of arbitration for final arbitration. The arbitrator Said board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Corporation, and the claimantsthird member selected by the first two members. The arbitrator board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors successors, and assigns assigns, shall be bound by the decision of such arbitrator board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Deferred Compensation Agreement (Landmark Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive (or to the Executive's beneficiary(ies) his Beneficiary in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary Bank and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they its Board of Directors shall provide in writing writing, within sixty ninety (6090) days of receipt of such claim the claim, their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim. Such written notice writing by the Bank and its Board of Directors shall further indicate the additional steps to which must be taken undertaken by claimants if a further an additional review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it comments, in writing, they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board of Arbitration shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Bank, and the claimantsthird member selected by the first two members. The arbitrator Board of Arbitration shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and they, their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board of Arbitration with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Executive Supplemental Retirement Income Agreement (Marion Capital Holdings Inc)

Claims Procedure and Arbitration. In the event that a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) his beneficiary in the case of the Executive's Executives death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Plan Fiduciary and Plan Administrator and the Corporation shall review the written claim and claim, if the claim is denied, denied in whole or in part, they shall provide provide, in writing and within sixty ninety (6090) days of receipt of such claim the claim, their specific reasons for such denial, denial and reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further furthe r review of the claim denial is desired. A claim Claim shall be deemed denied if the Named Plan Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixtyninety-day period. If claimants desire a second review review, they shall notify the Named Plan Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive the Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Plan Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon Upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan the Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Corporation and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Salary Reduction Deferred Compensation Plan (Premier Community Bankshares Inc)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Key Executive (or to the Executive's beneficiary(ies) his beneficiary in the case of the Key Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Plan Fiduciary and Plan Administrator and the Corporation shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary Plan fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixty-ninety day period. If claimants desire a second review review, they shall notify the Named Plan Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive the Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Plan Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan the Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be selected by mutual agreement consist of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rulesExecutive Committee. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator the Executive Committee with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the BankCorporation's discharge of the Key Executive "for cause," ", such dispute shall likewise be submitted to arbitration the Executive Committee as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Executive Retention Plan (Interfoods of America Inc)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive Employee (or to the Executive's beneficiary(ies) his beneficiary in the case of the ExecutiveEmployee's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator and the Bank shall review the written claim claim, and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixtyninety-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (6060 ) days of the first claim denial. Claimants may review this Executive Plan the Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan the Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final final, binding arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the claimant, one member selected by the Bank and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rulesrules agreed upon by the Bank and the Employee. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "Employee for cause," Due Cause, such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Salary Continuation Agreement (First Charter Corp /Nc/)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits are not paid to the Executive Director (or to the Executive's beneficiary(ies) his Beneficiary in the case of the ExecutiveDirector's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and and, if the claim is denied, in whole or in part, they shall provide in writing writing, within sixty ninety (6090) days of receipt of such claim the claim, their specific reasons for such denial, reference to the provisions of this Executive Plan or the Joinder Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim. Such written notice writing by the Administrator shall further indicate the additional steps to which must be taken undertaken by claimants if a further an additional review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan Plan, the Joinder Agreement or any documents relating thereto and submit any written issues and comments it comments, in writing, they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of this Plan or the Plan Joinder Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan and the Joinder Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitrationmediation, administered by the American Arbitration Bank ("AAA") (or a mediator selected by the parties) in accordance with the AAA's Commercial Mediation Rules. The arbitrator If mediation is not successful in resolving the dispute, it shall be selected settled by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound administered by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to AAA under its Commercial Arbitration Rules, and judgment on the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound award rendered by the decision thereunderarbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 1 contract

Samples: Director Deferred Compensation Joinder Agreement (Community Bancorp of New Jersey)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Executive Salary Continuation Agreement (Origin Bancorp, Inc.)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Director Plan and benefits are not paid to the Executive Director (or to the Executive's Director’s beneficiary(ies) in the case of the Executive's Director’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty ninety (6090) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Director Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-ninety (90) day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty ninety (6090) days of the first claim denialclaimdenial. Claimants may review this Executive Director Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty ninety (6090) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Director Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitrators for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Bank, and the claimantsthird member selected by the first two members. The arbitrator Board of Arbitrators shall operate under any generally recognized set of arbitration rulesthe rules specified in the Pennsylvania Uniform Arbitration Act. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board of Arbitrators with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's ’s discharge of the Executive "Director for cause," ”, such dispute shall likewise be submitted to arbitration as above above-described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Director Fee Continuation Agreement (FedFirst Financial CORP)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive (or to the Executive's beneficiary(ies) his Beneficiary in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary Bank and Plan Administrator its Board shall review the written claim and and, if the claim is denied, in whole or in part, they shall provide in writing writing, within sixty ninety (6090) days of receipt of such claim the claim, their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement or the Joinder Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim. Such written notice writing by the Bank and its Board shall further indicate the additional steps to which must be taken undertaken by claimants if a further an additional review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan Agreement, the Joinder Agreement or any documents relating thereto and submit any written issues and comments it comments, in writing, they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of this Agreement or the Plan Joinder Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement and the Joinder Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Bank, and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and they, their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Executive Deferred Compensation Agreement (MFS Financial Inc)

Claims Procedure and Arbitration. In the event a dispute arises over with respect to benefits under this Executive Plan Agreement and the disputed benefits are not paid to paid, then the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then his beneficiaries may make a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and and, if the claim is denied, denied in whole or in part, they shall provide respond in writing within sixty (60) days of receipt of such claim the claim, stating specific reasons for such the denial, reference and providing references to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants claimant(s) if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-prescribed sixty (60) day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first initial claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it that may feel be appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto Parties agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to benefits forfeited as a result of the Bank's discharge of the Executive "for cause," For Cause, such dispute shall likewise be submitted to arbitration as described above described and the parties hereto Parties agree to be bound by the decision thereunderarbitrator's decision.

Appears in 1 contract

Samples: Executive Salary Continuation Agreement (Central Valley Community Bancorp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Director Plan and benefits are not paid to the Executive Director (or to the Executive's Director’s beneficiary(ies) in the case of the Executive's Director’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Director Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Director Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Director Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator Arbitrator for final arbitration. The arbitrator Arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator Arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's ’s discharge of the Executive "Director for cause," ”, such dispute shall likewise be submitted to arbitration as above above- described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Director Supplemental Retirement Plan (Heritage NOLA Bancorp, Inc.)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Director Plan and benefits are not paid to the Executive Director (or to the ExecutiveDirector's beneficiary(ies) in the case of the ExecutiveDirector's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they it shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Director Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Director Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the The Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Director Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitrationarbitration within six (6) months from the actual or calculated date of the final written review. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they unless otherwise agreed by mutual written consent of both parties, there shall be no other alternative dispute resolution in law or in equity other than binding arbitration and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as The arbitrator shall determine any award of attorney's fees or other costs of arbitration to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunderprevailing party.

Appears in 1 contract

Samples: Director Fee Continuation Agreement (Gateway Community Financial Corp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or of in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denialdenials, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Executive Supplemental Retirement Plan (North Georgia Community Financial Partne)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive (or to the Executive's beneficiary(ies) his Beneficiary in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and and, if the claim is denied, in whole or in part, they shall provide in writing writing, within sixty thirty (6030) days of receipt of such claim the claim, their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement or the Joinder Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim. Such written notice writing by the Association and its Board of Directors shall further indicate the additional steps to which must be taken undertaken by claimants if a further an additional review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty thirty (6030) days of the first claim denial. Claimants may review this Executive Plan Agreement, the Joinder Agreement or any documents relating thereto and submit any written issues and comments it comments, in writing, they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty thirty (6030) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of this Agreement or the Plan Joinder Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement and the Joinder Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator it shall be selected settled by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound administered by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to AAA under its Commercial Arbitration Rules, and judgment on the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound award rendered by the decision thereunderarbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 1 contract

Samples: Non Qualified Supplemental Executive Retirement Agreement (Sound Federal Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) his beneficiary in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty ninety (6090) days from the date payments are refused. The Named Fiduciary and Plan Administrator and the Bank shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days day of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixtyninety-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty ninety (6090) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty ninety (6090) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Bank, and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," ", such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Executive Supplemental Retirement Plan Agreement (Shore Bancshares Inc)

Claims Procedure and Arbitration. A. Named Fiduciary and Plan Administrator -------------------------------------- The "Named Fiduciary and Plan Administrator" of this plan shall be Davix Xxxxx Xxxx xxxil his resignation or removal by the Board of Directors. As Named Fiduciary for the management, control and administration of the Executive Salary Continuation Agreement as established herein, he may delegate to others certain aspects of the management and operation responsibilities of the plan including the employment of advisors and the delegation of ministerial duties to qualified individuals. B. In the event a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive (or to the Executive's his beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Plan Fiduciary and Plan Administrator and the Bank shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Plan Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixtyninety-day period. If claimants desire a second review review, they shall notify the Named Plan Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive the Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Plan Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan the Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank Bank, one member selected by claimant, and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," ", such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.. In witness whereof, the Bank has caused this Agreement to be signed in its corporate name by its duly authorized officers, and the Executive hereunto set his hand, all on the day and year first above written. UNITY SAVINGS BANK /s/ Richxxx Xxxxx By: /s/ Davix Xxxxx Xxxx ---------------------------------- ------------------------------------ Witness Title Executive President /s/ Chrix Xxxxxxx By: /s/ Georxx X. Xxxx ---------------------------------- ------------------------------------ Witness Davix Xxxxx Xxxx BENEFICIARY DESIGNATION FORM PRIMARY DESIGNATION: Name Relationship ---- ------------

Appears in 1 contract

Samples: Executive Salary Continuation Agreement (Oak Hill Financial Inc)

Claims Procedure and Arbitration. In the event a dispute arises over with respect to benefits under this Executive Plan Agreement and the disputed benefits are not paid to paid, then the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then his beneficiaries may make a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and and, if the claim is denied, denied in whole or in part, they shall provide respond in writing within sixty (60) days of receipt of such claim the claim, stating specific reasons for such the denial, reference and providing references to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants claimant(s) if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-prescribed sixty (60) day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first initial claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it that may feel be appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally EXHIBIT 10.93 recognized set of arbitration rules. The parties hereto Parties agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to benefits forfeited as a result of the Bank's ’s discharge of the Executive "for cause," For Cause, such dispute shall likewise be submitted to arbitration as described above described and the parties hereto Parties agree to be bound by the decision thereunderarbitrator’s decision.

Appears in 1 contract

Samples: Executive Salary Continuation Agreement (Central Valley Community Bancorp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) his beneficiary in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Plan Fiduciary and Plan Administrator and the Bank shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Plan Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Plan Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their sole discretion, the Named Plan Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the claimant, one member selected by the Bank and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Executive Agreement (Flag Financial Corp)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under ---------------------------------- this Executive Plan and benefits Agreement are not paid to the Executive (or to the Executive's beneficiary(ies) his Beneficiary in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty thirty (6030) days from the date payments are refused. The Named Fiduciary Administrator and Plan Administrator its Board of Directors shall review the written claim and and, if the claim is denied, in whole or in part, they shall provide in writing within sixty thirty (6030) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty thirty (6030) days of the first claim denial. Claimants may review this Executive Plan the Agreement or any documents relating thereto and submit any written issues issues, in writing, and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty thirty (6030) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan the Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitrationmediation, administered by the American Arbitration Association ("AAA") (or a mediator selected by the parties) in accordance with the AAA's Commercial Mediation Rules. The arbitrator If mediation is not successful in resolving the dispute, it shall be selected settled by mutual agreement arbitration administered by the AAA under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If it is finally determined that Executive (or his Beneficiary) is entitled to the benefits set forth under this Agreement, then all amounts that Executive (or his Beneficiary) would have received up to the time of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns such final determination shall be bound by paid to Executive (or his Beneficiary) with interest (calculated using the decision of Interest Factor) within thirty (30) days after such arbitrator with respect to any controversy properly submitted to it for final determination. Where a dispute arises as to the BankAssociation's discharge of the Executive "for cause," Cause, such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder. All reasonable legal fees paid or incurred by Executive pursuant to any dispute or questions of interpretation relating to this Agreement shall be paid or reimbursed by the Association.

Appears in 1 contract

Samples: Executive Supplemental Retirement Income Agreement (Flatbush Federal Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Director Plan and benefits are not paid to the Executive Director (or to the ExecutiveDirector's beneficiary(ies) in the case of the ExecutiveDirector's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they it shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Director Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Director Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Director Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive Director for "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Director Supplemental Retirement Plan Agreement (CNB Holdings Inc /Ga/)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan Agreement and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) his beneficiary in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty ninety (6090) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixtyninety-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty ninety (6090) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their his sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty ninety (6090) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Bank, and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," ", such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Indexed Executive Salary Continuation Plan (Commercial Bancshares Inc \Oh\)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to to, the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they it shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their sole discretion, the The Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitrationarbitration within six (6) months from the actual or calculated date of the final written review. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that unless otherwise agreed by mutual written consent of both parties, there shall be no other alternative dispute resolution in law or equity other than binding arbitration and they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as The arbitrator shall determine any award of attorney's fees or other costs of arbitration to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunderprevailing party.

Appears in 1 contract

Samples: Executive Incentive Retirement Plan Agreement (Gateway Community Financial Corp)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive (or to the Executive's beneficiary(ies) his Beneficiary in the case of the Executive's death) and such claimants feel they are claimant feels he is entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) 60 days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and and, if the claim is denied, in whole or in part, they it shall provide in writing writing, within sixty (60) 90 days of receipt of such claim the claim, its specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim. Such written notice writing by the Administrator shall further indicate the additional steps to which must be taken undertaken by claimants claimant if a further an additional review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire claimant desires a second review they review, he shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) 60 days of the first claim denial. Claimants Claimant may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it comments, in writing, he may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) 60 days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue claimant continues to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants claimant may submit the dispute to an arbitrator arbitration panel for final arbitrationsettlement. The arbitrator arbitration panel shall be consist of three members: one member selected by mutual agreement the claimant, one member selected by the Bank, and the third member selected by the first two members. The arbitration panel shall conduct the arbitration in accordance with the applicable rules of the Bank American Arbitration Association. The arbitral award may grant any relief deemed by the arbitrators to be just and equitable and shall state the reasons for the award and the claimantsrelief granted. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties patties hereto agree that they and they, their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator the arbitration panel with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge Any award rendered may be confirmed, judgment upon any award rendered may be entered, and such award of the Executive "for cause," such dispute shall likewise judgment thereon may be submitted to arbitration as above described and enforced in any court of any state or country having jurisdiction over the parties hereto agree to be bound by the decision thereunderparties.

Appears in 1 contract

Samples: Executive Supplemental Retirement Income Agreement (Mutualfirst Financial Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Director Plan and benefits are not paid to the Executive Director (or to the Executive's Director’s beneficiary(ies) in the case of the Executive's Director’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they it shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Director Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Director Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Director Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's ’s discharge of the Executive "Director “for cause," such dispute shall likewise be by submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Director Fee Continuation Agreement (Americanwest Bancorporation)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive (or to the Executive's beneficiary(ies) his Beneficiary in the case of the Executive's ’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and and, if the claim is denied, in whole or in part, they it shall provide in writing writing, within sixty ninety (6090) days of receipt of such claim the claim, its specific reasons for such denial, reference to the provisions of this Executive Plan Agreement or the Joinder Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim. Such written notice writing by the Administrator shall further indicate the additional steps to which must be taken undertaken by claimants if a further an additional review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator Board of Directors of the Bank in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan Agreement, the Joinder Agreement or any documents relating thereto and submit any written issues and comments it comments, in writing, they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator Board of Directors shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of this Agreement or the Plan Joinder Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement and the Joinder Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board of Arbitration shall be consist of one member selected by mutual agreement the claimant, one member selected by the Board of the Bank Directors, and the claimantsthird member selected by the first two members. The arbitrator Board of Arbitration shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and they, their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board of Arbitration with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Executive Deferred Compensation Master Agreement (Oceanfirst Financial Corp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's ’s beneficiary(ies) in the case of the Executive's ’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to to, the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they it shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their sole discretion, the The Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitrationarbitration within six (6) months from the actual or calculated date of the final written review. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that unless otherwise agreed by mutual written consent of both parties, there shall be no other alternative dispute resolution in law or equity other than binding arbitration and they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as The arbitrator shall determine any award of attorney’s fees or other costs of arbitration to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunderprevailing party.

Appears in 1 contract

Samples: Executive Incentive Retirement Plan Agreement (GCF Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive (or to the Executive's beneficiary(ies) his Beneficiary, in the case of the Executive's ’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty thirty (6030) days from the date payments are refused. The Named Fiduciary Administrator and Plan Administrator its Board of Directors shall review the written claim and and, if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if If necessary, the Named Fiduciary Administrator and Plan Administrator fail to take any action within its Board of Directors may extend the aforesaid sixty-day periodperiod of reply for an additional thirty (30) days for reasonable cause. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty thirty (6030) days of the first claim denial. Claimants may review this Executive Plan the Agreement or any documents relating thereto and submit any written issues issues, in writing, and comments it they may feel appropriate. In their sole discretion, the Named Fiduciary and Plan The Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If special circumstances require the sixty (60) day time period be extended, the Administrator will so notify the Claimant and will render the decision as soon as possible, but no later than one hundred twenty (120) days after receipt of the request for review. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan the Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitrationmediation, administered by the American Arbitration Association (“AAA”) (or a mediator selected by the parties) in accordance with the AAA’s Commercial Mediation Rules. The arbitrator If mediation is not successful in resolving the dispute, it shall be selected settled by mutual agreement arbitration administered by the AAA under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If it is finally determined that the Executive (or his Beneficiary) is entitled to the benefits set forth under this Agreement, then all amounts that the Executive (or his Beneficiary) would have received up to the time of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns such final determination shall be bound by paid to the decision of Executive (or his Beneficiary) with interest (calculated using the Interest Factor) within thirty (30) days after such arbitrator with respect to any controversy properly submitted to it for final determination. Where a dispute arises as to the Bank's ’s discharge of the Executive "for cause," Cause, such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder. All reasonable legal fees paid or incurred by the Executive pursuant to any dispute or questions of interpretation relating to this Agreement shall be paid or reimbursed by the Bank, provided that the dispute or interpretation has been settled or resolved in the Executive’s favor.

Appears in 1 contract

Samples: Executive Supplemental Retirement Income Agreement (Partners Trust Financial Group Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Director Plan and benefits are not paid to the Executive Director (or to the ExecutiveDirector's beneficiary(ies) in the case of to the ExecutiveDirector's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Director Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of to the claim denial is desired. A claim shall be deemed denied if the Named Name Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-sixty- day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Director Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of to such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Director Plan or the meaning and effect of to the terms and conditions thereof, then claimants may submit the dispute to an arbitrator Arbitrator for final arbitration. The arbitrator Arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator Arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive Director for "for cause," ", such dispute shall likewise be submitted to arbitration as above above-described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Director Agreement (Steelton Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Director Plan and benefits are not paid to the Executive Director (or to the Executive's Director’s beneficiary(ies) in the case of the Executive's Director’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Director Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Director Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Director Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator Arbitrator for final arbitration. The arbitrator Arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator Arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's ’s discharge of the Executive "Director for cause," ”, such dispute shall likewise be submitted to arbitration as above above-described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Director Supplemental Retirement Plan Agreement (Service Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Director Plan and benefits are not paid to the Executive Director (or to the ExecutiveDirector's beneficiary(ies) in the case of the Executive's Director `s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Director Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Director Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Director Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive Director "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Director Agreement (Ecb Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's ’s beneficiary(ies) in the case of the Executive's ’s death) and such claimants feel they are entitled to receive such benefits, then a written Written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the its specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator Arbitrator for final arbitration. The arbitrator Arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator Arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's ’s discharge of the Executive "for cause," ”, such dispute shall likewise be submitted to arbitration as above above- described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Executive Supplemental Retirement Plan (Heritage NOLA Bancorp, Inc.)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive Participant (or to the Executive's beneficiary(ies) his estate in the case of the Executive's Participant’s death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) 60 days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and and, if the claim is denied, denied in whole or in part, they shall provide provide, in writing writing, within sixty (60) 90 days of receipt of such claim the claim, specific reasons for such denial, denial and reference to the provisions of this Executive Plan the Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail fails to take any action within the aforesaid sixty-90 day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) 60 days of the first claim denialdenials. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their sole discretion, the Named Fiduciary and The Plan Administrator shall then review the second claim and provide a written decision within sixty (60) 60 days of receipt of such claim. This decision shall likewise state the specific reasons for the decision decisions and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereofdenial, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Company and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Nonqualified Deferred Compensation Agreement (Argo Tech Corp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits --------------------------------- under this Executive Plan Agreement and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) his beneficiary in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty ninety (6090) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty ninety (6090) days of receipt of such claim the their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail falls to take any action within the aforesaid sixtyninety-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty ninety (6090) days of the first claim denial. Claimants may review this Executive Plan Agreement or any documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty ninety (6090) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan this Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration for final arbitration. The arbitrator Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Bank, and the claimantsthird member selected by the first two members. The arbitrator Board shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator Board with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," ", such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Samples: Executive Indexed Retirement Agreement (Greater Rome Bancshares Inc)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits -------------------------------- Agreement are not paid to the Executive (or to the Executive's beneficiary(ies) his Beneficiary in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and and, if the claim is denied, in whole or in part, they shall provide in writing writing, within sixty thirty (6030) days of receipt of such claim the claim, their specific reasons for such denial, reference to the provisions of this Executive Plan Agreement or the Joinder Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim. Such written notice writing by the Bank and its Board of Directors shall further indicate the additional steps to which must be taken undertaken by claimants if a further an additional review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review review, they shall notify the Named Fiduciary and Plan Administrator in writing within sixty thirty (6030) days of the first claim denial. Claimants may review this Executive Plan Agreement, the Joinder Agreement or any documents relating thereto and submit any written issues and comments it comments, in writing, they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty thirty (6030) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of this Agreement or the Plan Joinder Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan Agreement and the Joinder Agreement or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator it shall be selected settled by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound administered by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to AAA under its Commercial Arbitration Rules, and judgment on the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound award rendered by the decision thereunderarbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 1 contract

Samples: Executive Supplemental Retirement Income Agreement (Alliance Bancorp)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Plan and benefits Agreement are not paid to the Executive (or to the Executive's beneficiary(ies) his beneficiary in the case of the Executive's death) ), and such claimants feel they are person feels entitled to receive such benefitsthem, then a written claim must shall be made in writing to the Named Fiduciary and Plan Administrator named above within sixty one hundred eighty (60180) days from the date payments are refusednot made. The Named Fiduciary and Such claim shall be reviewed by the Plan Administrator shall review and the written claim and if Bank. If the claim is denied, in whole full or in part, they the Plan Administrator shall provide in writing a written notice within sixty thirty (6030) days of receipt of such claim setting forth the specific reasons for such denial, specific reference to the provisions of this Executive Plan Agreement upon which the denial is based based, and any additional material or information necessary to perfect the claim, if any. Such Also, such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A If a claim shall be deemed is denied if and a review is desired, the Named Fiduciary and Plan Administrator fail to take any action within Executive (or his beneficiary in the aforesaid sixty-day period. If claimants desire a second review they case of the Executive's death), shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of [and a claim shall be deemed denied if the first claim denialPlan Administrator does not take any action within the aforesaid thirty (30) day period]. Claimants In requesting a review, the Executive or his beneficiary may review this Executive Plan Agreement or any documents relating thereto to it and submit any written issues and comments it he or she may feel appropriate. In their its sole discretion, discretion the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty thirty (6030) days of receipt of such claimdays. This decision likewise shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon on which the decision is based. If claimants continue after following the claims procedure set forth above, the parties are unable to dispute agree as to whether payments are owing under the benefit denial based upon completed performance terms of this Executive Plan agreement, the parties agree to arbitrate any issue, misunderstanding, disagreement or dispute in connection with the meaning and terms in effect in this Agreement in accordance with the Rules of the terms American Arbitration Association, before one arbitrator mutually agreeable to the parties hereto. If after two weeks Executive (or his beneficiary or personal representative in the case of the death of Executive) determines that Company and conditions thereofExecutive have been unable to agree upon one arbitrator, then claimants Executive may submit appoint one arbitrator and require Company to appoint a second arbitrator. Whereupon, the dispute two appointed arbitrators shall appoint a third arbitrator mutually agreeable to an arbitrator for final arbitrationthem. The arbitrator arbitration shall occur in Youngstown, Ohio, or such other place as mutually agreed upon. Company and Executive shall be selected by mutual agreement of mutually and equally responsible for the Bank costs and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator expenses associated with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunderarbitration.

Appears in 1 contract

Samples: Supplemental Executive Retirement Plan (Mahoning National Bancorp Inc)

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