60 DAYS OF THE DATE THE CLAIMANT RECEIVED THE INITIAL CLAIM
DENIAL. THE CLAIMANT'S WRITTEN REQUEST FOR REVIEW MAY (BUT IS NOT REQUIRED TO)
INCLUDE ISSUES, COMMENTS, DOCUMENTS, AND OTHER RECORDS THE CLAIMANT WANTS
CONSIDERED IN THE REVIEW.
ALL THE INFORMATION THE CLAIMANT SUBMITS WILL BE
TAKEN INTO ACCOUNT ON APPEAL, EVEN IF IT WAS NOT REVIEWED AS PART OF THE INITIAL
DECISION.
THE CLAIMANT MAY ASK TO EXAMINE OR RECEIVE FREE COPIES OF ALL
PERTINENT PLAN DOCUMENTS, RECORDS, AND OTHER INFORMATION RELEVANT TO THE
CLAIMANT'S CLAIM BY ASKING THE COMMITTEE.
(D)
TIMING OF DECISION UPON APPEAL.
WITHIN 60
DAYS AFTER THE CLAIMANT DELIVERS THE REQUEST FOR REVIEW, THE CLAIMANT WILL
RECEIVE EITHER: (A) A DECISION; OR (B) A NOTICE FOR EXTENSION DESCRIBING SPECIAL
CIRCUMSTANCES REQUIRING ADDITIONAL TIME TO PROCESS THE CLAIMANT'S CLAIM (UP TO
120 DAYS FROM THE DAY THE CLAIMANT DELIVERED THE REQUEST FOR REVIEW).
ANY
NOTICE FOR EXTENSION WILL DESCRIBE THE SPECIAL CIRCUMSTANCES (SUCH AS THE NEED
TO HOLD A HEARING) REQUIRING MORE TIME AND THE DATE BY WHICH THE COMMITTEE
EXPECTS TO RENDER A DECISION ON APPEAL.
(E)
CONTENT OF DECISION UPON APPEAL.
THE
DECISION ON THE CLAIMANT'S APPEAL WILL BE IN WRITING AND WILL SPECIFY:
(A) THE
REASONS FOR THE DECISION; (B) THE PLAN PROVISIONS ON WHICH THE DECISION IS
BASED; (C) ANY DOCUMENTS, RECORDS OR OTHER INFORMATION RELEVANT TO THE
CLAIMANT'S CLAIM AND A STATEMENT THAT SUCH DOCUMENTS, RECORDS AND/OR OTHER
RELEVANT INFORMATION IS AVAILABLE FREE OF CHARGE UPON REQUEST; AND (D) A
STATEMENT OF THE CLAIMANT'S RIGHT TO BRING A CIVIL ACTION UNDER
SECTION 502(A) OF ERISA.
11.
NOTICES.
FOR PURPOSES OF THIS PLAN, NOTICES
AND ALL OTHER COMMUNICATIONS PROVIDED FOR IN THIS AGREEMENT SHALL BE IN WRITING
AND SHALL BE DEEMED TO HAVE BEEN DULY GIVEN WHEN DELIVERED PERSONALLY OR MAILED
BY UNITED STATES REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE
PREPAID, OR BY NATIONALLY RECOGNIZED OVERNIGHT DELIVERY SERVICE, ADDRESSED TO
THE EXECUTIVE AT THE HOME ADDRESS SET FORTH IN THE COMPANY'S RECORDS, AND TO THE
COMPANY AT ITS PRINCIPAL PLACE OF BUSINESS (ATTENTION: PRESIDENT) OR TO SUCH
OTHER ADDRESS AS EITHER PARTY MAY HAVE FURNISHED TO THE OTHER IN WRITING IN
ACCORDANCE HEREWITH, EXCEPT THAT NOTICE OF CHANGE OF ADDRESS SHALL BE EFFECTIVE
ONLY UPON RECEIPT.
12.
SUCCESSORS AND ASSIGNS.
THIS AGREEMENT
SHALL BE APPLICABLE TO, AND SHALL INURE TO THE BENEFIT OF, THE COMPANY AND ITS
SUCCESSORS AND ASSIGNS AND TO THE EXECUTIVE AND HIS HEIRS, EXECUTORS,
ADMINISTRATORS AND PERSONAL REPRESENTATIVES.
13.
GOVERNING LAW.
THIS AGREEMENT SHALL BE
GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF
MASSACHUSETTS WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES, TO THE EXTENT
NOT PREEMPTED BY U.S. FEDERAL LAW.
14.
CONSENT TO JURISDICTION.
IN THE EVENT OF
ANY ALLEGED BREACH OF THIS AGREEMENT WHICH THE PARTIES ARE UNABLE TO SETTLE BY
MUTUAL CONSULTATION, THE COMPANY AND THE EXECUTIVE HEREBY CONSENT AND SUBMIT TO
ARBITRATION. SUCH ARBITRATION SHALL TAKE PLACE IN BOSTON, MASSACHUSETTS, UNLESS
THE PARTIES OTHERWISE MUTUALLY AGREE