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: Supplemental Retirement Plan (Carolina Bank Holdings Inc), Agreement (South Street Financial Corp), Executive Supplemental Retirement Plan (Ecb Bancorp Inc)

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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: Agreement (Greater Rome Bancshares Inc), Agreement (Westbank Corp), Agreement (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: Plan Agreement (Citizens Financial Corp/De/), Executive Supplemental Retirement Plan (BV Financial, Inc.), Executive Supplemental Retirement Plan (United 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 ’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), Second 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: 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 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), Continuation Agreement (American Bancorp of New Jersey 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 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 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: Continuation Agreement (Origin Bancorp, Inc.), Continuation Agreement (North 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 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), Supplemental Retirement (GBC Bancorp Inc), Executive Supplemental Retirement (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), Compensation Plan Agreement (Community Trust Financial Services Corporation), Compensation Plan Agreement (Community Trust Financial Services Corporation)

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), Supplemental Executive Retirement Agreement (Sound Federal Bancorp Inc), Non Qualified Supplemental Executive Retirement Agreement (QCR Holdings 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 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 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 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 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 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 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 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 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 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 (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 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 AAA under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any controversy properly submitted to it for determinationcourt having jurisdiction thereof. Where a dispute arises as to the Bank'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.

Appears in 3 contracts

Samples: Shareholder Benefit Plan Agreement (Northeast Indiana Bancorp Inc), Shareholder Benefit Program Agreement (Marion Capital Holdings Inc), Oswego County 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 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 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: Continuation Agreement (Gulf West Banks Inc), Continuation Agreement (Gulf West Banks Inc), Continuation Agreement (Gulf West Banks 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 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 3 contracts

Samples: Agreement (Poage Bankshares, Inc.), Agreement (South Street Financial Corp), Director Supplemental Retirement Plan (Ecb Bancorp 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: Retirement Plan Executive Agreement (Grandsouth Bancorporation), Executive Supplemental Retirement Plan (Grandsouth 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 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 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), Retirement Plan Executive Agreement (Grandsouth 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 ’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 Long Term Compensation Agreement (Sound Financial Bancorp, Inc.), Executive Deferred Compensation Agreement (Origin 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 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: Supplemental Retirement Income Agreement (Flatbush Federal Bancorp Inc), 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 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 Supplemental Retirement Program (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 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: Continuation Plan Agreement (Shore Bancshares Inc), 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 (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: Agreement (Af Financial Group), Agreement (Af Financial Group)

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: Agreement (South Street Financial Corp), Agreement (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 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: 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 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 Shareholder Benefit Plan Agreement (Marion Capital Holdings Inc), Directors Retirement Plan (Prestige 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 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 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.), Compensation Agreement (GNB Financial Services 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 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: Agreement (Ohio State Bancshares Inc), Continuation Plan (Quitman 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 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/), Executive Retirement Agreement (First United Bancshares Inc /Ar/)

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 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.final

Appears in 1 contract

Samples: Executive Agreement (CNB Holdings Inc /Ga/)

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 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: Agreement (Eufaula Banccorp 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 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.SECTION XI

Appears in 1 contract

Samples: Director Deferred Compensation Master Agreement (River Valley 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 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: Agreement (Greater Rome 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 (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 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 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.. 7NEXT PAGE

Appears in 1 contract

Samples: Executive Long Term Compensation Agreement (Sound Financial, 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 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: And Agreement (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 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 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: Master Agreement (First Bancorp of Indiana 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 1 contract

Samples: Executive Supplemental Retirement (Cn Bancorp Inc)

Claims Procedure and Arbitration. In the event a dispute arises over benefits under this Executive Trustee Plan and benefits are not paid to the Executive Trustee (or to the ExecutiveTrustee's beneficiary(ies) in the case of the ExecutiveTrustee'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 Trustee 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 Trustee 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 Trustee 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.final

Appears in 1 contract

Samples: Supplemental Retirement Plan Agreement (Hampden 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 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 c1aimants 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 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 pays 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 c1aimants 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.SECTION XI

Appears in 1 contract

Samples: Compensation Master Agreement (Mutualfirst Financial 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: Flag 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 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 feet 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 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 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: Agreement (Republic Security 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 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 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 Agreement (Heritage NOLA Bancorp, Inc.)

Claims Procedure and Arbitration. In the event a dispute arises over that benefits under this Executive Benefit 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) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Plan 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 Company 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 Benefit 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 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 Benefit Plan or any other documents relating thereto and submit any written issues and comments it they may feel appropriate. In their its sole discretion, 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 this Benefit Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Benefit Plan 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 and claimant, one member selected by the claimantsCompany, one 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: Directors Deferral Plan Agreement (Summit 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 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: 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 ’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 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 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 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 (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 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: Mahoning National Bancorp Inc

Claims Procedure and Arbitration. In the event If 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) 90 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) 90 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 sixty90-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) 90 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 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) 90 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 If 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: Explanatory Note (Waccamaw Bankshares 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 CFO (or to the Executive's beneficiary(ies) her beneficiary in the case of the ExecutiveCFO'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 CFO "For Cause", then solely for cause," the purpose of determining the CFO'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: Continuation Plan Agreement (Rockport National 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 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 “cause"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: Salary Continuation Agreement (Central Valley Community Bancorp)

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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 Exhibit 10 (cont.) 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 1 contract

Samples: Plan Agreement (Citizens Financial Corp/De/)

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 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 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 {00262394.DOC /3 } 9 EXHIBIT 10.110 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 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) 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)

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 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 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 Table of Contents 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 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 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 "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: Directors Defined Benefit Plan Agreement (National Bancshares Corp /Oh/)

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 (Service 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 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 (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 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: Agreement (Greater Rome Bancshares 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 Supplemental Retirement Plan (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 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 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 (Fauquier Bankshares 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 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 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 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 1 contract

Samples: Agreement (South Street Financial Corp)

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 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 1 contract

Samples: Director Supplemental Retirement Plan (BV Financial, 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 (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 provision 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-day such 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 may feel they deem 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 Such 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 (the “Umpire”) selected by the first two members. The arbitrator Board shall operate under any generally recognized set arbitration rules of arbitration rulesthe American Arbitration Association. Each party shall bear its own expenses of arbitration, including all charges and expenses of the member of the Board of Arbitration selected by it. The charges and expenses of the Umpire shall be shared equally by the parties. 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 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.. The parties acknowledge that each has carefully read this Agreement and execute the original thereof on the 28th day of December, 2007 and that, upon execution, each has received a conforming copy. /s/ Xxxxx Xxxxx /s/ Xxxxx X. Xxxxxxxxx Witness Xxxxx X. Xxxxxxxxx /s/ Xxxx Xxxxxx Witness National Interstate Insurance Agency, Inc. By: /s/ Xxxx X. Xxxxxxxx

Appears in 1 contract

Samples: Employee Retention Agreement (National Interstate 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: Supplemental Retirement Plan (Community Trust Financial Services Corporation)

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 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 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 Restated and Amended 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 Restated and Amended 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 Board of Arbitration for final arbitration. The arbitrator Such 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 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: And (First Bancorp of Indiana 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: 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 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: Continuation Plan Agreement (Rockport National Bancorp 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 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 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 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 ’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 ’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 (CapitalSouth Bancorp)

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 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: 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 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 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 provision 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-day such 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 may feel they deem 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 Such 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 (the “Umpire”) selected by the first two members. The arbitrator Board shall operate under any generally recognized set arbitration rules of arbitration rulesthe American Arbitration Association. Each party shall bear its own expenses of arbitration, including all charges and expenses of the member of the Board of Arbitration selected by it. The charges and expenses of the Umpire shall be shared equally by the parties. 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 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.. The parties acknowledge that each has carefully read this Agreement and execute the original thereof on the 30th day of December, 1996 and that, upon execution, each has received a conforming copy. /s/ Xxxxx X. Xxxxxxxxx /s/ Xxxxx X. Xxxxxxxxx Witness Xxxxx X. Xxxxxxxxx National Interstate Insurance Agency, Inc. /s/ Xxxxx Xxxxx By: /s/ Xxxx Xxxxxxxx Witness Title: President

Appears in 1 contract

Samples: Continuation Agreement (National Interstate 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 Xxxxx, Jr. (or to the Executive's beneficiary(ies) his beneficiary in the case of the ExecutiveXxxxx, Jr.'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 term 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: Plan 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 ’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. SECTION IX

Appears in 1 contract

Samples: 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 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: Supplemental Retirement Plan Director 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 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 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 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 Indexed (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 (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 shall provide in writing writing, within sixty thirty (6030) {Clients/1511/00285500.DOC/8 } 8 days of receipt of such claim the claim, their specific reasons for such denial, reference to the provisions of this Executive Plan or the Participation 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 thirty (6030) days of the first claim denial. Claimants may review this Executive Plan Plan, the Participation 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 Plan or the Plan Participation 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 Participation 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 American Arbitration Association (“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: Supplemental Retirement Plan Participation Agreement (PCSB 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 (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," ” as it relates to this Agreement, such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder. The finding of any arbitration hearing shall be limited solely to the issue of compensation, if any, to be paid. The result of the arbitration shall have no other binding effect, no collateral effect, and no evidentiary effect in any other forum.

Appears in 1 contract

Samples: Supplemental Executive Retirement Plan Agreement (Park National Corp /Oh/)

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: 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 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: Retirement Agreement (Sound Federal 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 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: Supplemental Retirement Plan (Poage Bankshares, 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) 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 Agreement upon which the denial is based and any additional material or information necessary to perfect the 4NEXT PAGE 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 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 Long Term Compensation Agreement (Sound Financial, 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: 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 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 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 Board shall be consist of one member selected by mutual agreement of the Bank chairman, 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 "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: Supplemental Retirement Plan Agreement (FedFirst Financial CORP)

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