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 IN WRITING, IN ACCORDANCE WITH THE EMPLOYMENT RULES