Common use of The Review Procedure Clause in Contracts

The Review Procedure. If the Claimant is determined by the Bank not to be eligible for Benefit, or if the Claimant believes that he or she is entitled to greater or different Benefit, the Claimant shall have the opportunity to have such claim reviewed by the Bank by filing a petition for review with the Bank within sixty (60) days after receipt of the notice issued by the Bank. Said petition shall state the specific reasons which the Claimant believes entitle him or her to benefits or to greater or different benefits. Within sixty (60) days after receipt by the Bank of the petition, the Bank shall afford the Claimant (and counsel, if any) an opportunity to present his or her position to the Bank verbally or in writing, and the Claimant (or counsel) shall have the right to review the pertinent documents. The Bank shall notify the Claimant of its decision in writing within the sixty (60) day period, stating the basis of its decision, written in a manner calculated to be understood by the Claimant and the specific provisions of the Agreement on which the decision is based. If, because of the need for a hearing, the sixty (60) day period is not sufficient, the decision may be deferred for up to another sixty (60) days at the election of the Bank, but notice of this deferral shall be given to the Claimant. In the event that a Claimant or the Bank disagree with results of this review procedure their disagreement shall be resolved pursuant to Article 6 hereof.

Appears in 4 contracts

Samples: Change in Control Agreement for Randy Eslick (Bank of Commerce Holdings), Control Agreement (Bank of Commerce Holdings), Control Agreement (Bank of Commerce Holdings)

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