THE PARTIES FROM A LIST OF
ARBITRATORS PROVIDED BY THE AAA, PROVIDED THAT NO ARBITRATOR SHALL BE RELATED TO
OR AFFILIATED WITH EITHER OF THE PARTIES.
NO LATER THAN 10 DAYS AFTER THE LIST
OF PROPOSED ARBITRATORS IS RECEIVED BY THE PARTIES, THE PARTIES OR THEIR
RESPECTIVE REPRESENTATIVES SHALL MEET AT A MUTUALLY CONVENIENT LOCATION OR VIA
TELEPHONE.
AT THAT MEETING, THE PARTY WHO SOUGHT ARBITRATION SHALL ELIMINATE
ONE PROPOSED ARBITRATOR AND THEN THE OTHER PARTY SHALL ELIMINATE ONE PROPOSED
ARBITRATOR.
THE PARTIES SHALL CONTINUE TO ELIMINATE NAMES FROM THE LIST OF
PROPOSED ARBITRATORS IN THIS MANNER UNTIL A SINGLE PROPOSED ARBITRATOR REMAINS.
THIS REMAINING ARBITRATOR SHALL ARBITRATE THE DISPUTE.
EACH PARTY SHALL SUBMIT,
IN WRITING, THE SPECIFIC REQUESTED ACTION OR DECISION IT WISHES TO TAKE OR MAKE
WITH RESPECT TO THE MATTER IN DISPUTE, AND THE ARBITRATOR SHALL BE OBLIGED TO
CHOOSE ON PARTY'S SPECIFIC REQUESTED ACTION OR DECISION, WITHOUT BEING PERMITTED
TO EFFECTUATE ANY COMPROMISE POSITION.
JUDGMENT MAY BE ENTERED ON THE
ARBITRATOR'S AWARD IN ANY COURT HAVING JURISDICTION; PROVIDED, HOWEVER, THAT THE
CLAIMANT SHALL BE ENTITLED TO SEEK SPECIFIC PERFORMANCE OF HIS OR HER RIGHT TO
BE PAID THROUGH THE DATE OF TERMINATION DURING THE PENDENCY OF ANY DISPUTE OR
CONTROVERSY ARISING UNDER OR IN CONNECTION WITH THIS AMENDED AND RESTATED LIFE
INSURANCE AGREEMENT.
4.4
ADMINISTRATION.
THE CORPORATION SHALL HAVE
POWERS WHICH ARE NECESSARY TO ADMINISTER THIS AMENDED AND RESTATED LIFE
INSURANCE AGREEMENT, INCLUDING BUT NOT LIMITED TO:
(A)
INTERPRETING THE PROVISIONS OF THIS AMENDED
AND RESTATED LIFE INSURANCE AGREEMENT;
(B)
ESTABLISHING AND REVISING THE METHOD OF
ACCOUNTING FOR THIS AMENDED AND RESTATED LIFE INSURANCE AGREEMENT;
(C)
MAINTAINING A RECORD OF BENEFIT PAYMENTS;
AND
(D)
ESTABLISHING RULES AND PRESCRIBING ANY FORMS
NECESSARY OR DESIRABLE TO ADMINISTER THIS AMENDED AND RESTATED LIFE INSURANCE
AGREEMENT.
4.5
NAMED FIDUCIARY.
THE CORPORATION SHALL BE
THE NAMED FIDUCIARY AND PLAN ADMINISTRATOR UNDER THE AMENDED AND RESTATED LIFE
INSURANCE AGREEMENT.
THE NAMED FIDUCIARY 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.
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IN WITNESS WHEREOF, the parties hereto acknowledge that each has carefully read
this Amended and Restated Life Insurance Agreement and executed the original
thereof on
,
and that,
upon execution, each has received a confirming copy.
(WITNESS)
[Executive Name]
WEST SUBURBAN BANCORP, INC.
By:
(WITNESS)
Its:
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