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

Sources: Executive Supplemental Retirement Plan (Ecb Bancorp Inc), Executive Supplemental Retirement Plan (Carolina Bank Holdings Inc), Executive Supplemental Retirement Plan (Carolina Bank Holdings 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 it shall provide in writing writing, within sixty ninety (6090) days of receipt of such claim the claim, its specific reasons for such denial, 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. 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 (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 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 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 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 8 contracts

Sources: Executive Supplemental Retirement Income Agreement (Synergy Financial Group Inc), Executive Supplemental Retirement Income Agreement (Greater Community Bancorp), Executive Supplemental Retirement Income Agreement (United National 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 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

Sources: Executive Supplemental Retirement Plan Agreement (Merrill Merchants Bancshares Inc), Executive Supplemental Retirement Plan Agreement (Westbank Corp), Executive Supplemental Retirement Plan Agreement (Ameriana 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 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

Sources: 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 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

Sources: Executive Supplemental Retirement Plan (United Financial Inc), Executive Supplemental Retirement Plan (BV Financial, Inc.), Executive Supplemental Retirement Plan 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 ’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

Sources: Executive Salary 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

Sources: Executive Salary Continuation Agreement (American Bancorp of New Jersey Inc), 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 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

Sources: Executive Salary Continuation Agreement (Origin Bancorp, Inc.), Executive Salary Continuation Agreement (Hampden 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 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

Sources: Executive Salary Continuation Agreement (Central Valley Community Bancorp), Executive Supplemental Retirement Plan (CCF Holding Co), Executive Salary Continuation Agreement (Central Valley Community 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 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

Sources: 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 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 4 contracts

Sources: Director Supplemental Retirement Plan Agreement (Poage Bankshares, Inc.), Executive Supplemental Retirement Plan (Citizens Financial Corp/De/), Director Supplemental Retirement Plan (South Street 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 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

Sources: Non Qualified Supplemental Executive Retirement Agreement (QCR Holdings Inc), Non Qualified Supplemental Executive Retirement Agreement (QCR Holdings Inc), Non Qualified Supplemental Executive 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 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

Sources: 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 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

Sources: Directors Delayed Compensation Plan Agreement (Community Trust Financial Services Corporation), Directors Delayed Compensation Plan Agreement (Community Trust Financial Services Corporation), Directors Delayed Compensation Plan Agreement (Community Trust Financial Services Corporation)

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

Sources: 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 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

Sources: Executive Supplemental Retirement Agreement (GBC Bancorp Inc), Executive Supplemental Retirement Agreement (GBC Bancorp Inc), Executive Supplemental Retirement Agreement (GBC 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 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

Sources: Executive Salary Continuation Agreement (Gulf West Banks Inc), Executive Salary Continuation Agreement (Gulf West Banks Inc), Executive Salary 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 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

Sources: 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 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

Sources: 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 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 Bank 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 upon which the denial is based 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 Bank 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 and comments it they may feel appropriate. In their its sole discretion, the Named Fiduciary and Plan Administrator Bank, through the disinterested member of its Board, 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 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 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 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 3 contracts

Sources: Director Deferred Compensation Agreement (First Bancorp /In/), Director Deferred Compensation Agreement (First Bancorp /In/), Director Deferred Compensation Agreement (First Bancorp /In/)

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 Association 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 upon which the denial is based 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 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 Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Association, 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 3 contracts

Sources: Director Deferred Compensation Agreement (First Capital Inc), Director Deferred Compensation Agreement (First Capital Inc), Director Deferred Compensation Agreement (First Capital 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 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

Sources: 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 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

Sources: Salary Continuation Agreement (Af Financial Group), Salary Continuation Agreement (Af Financial Group)

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

Sources: 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 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

Sources: Director Deferral Plan Agreement (South Street Financial Corp), Director Supplemental Retirement Plan Agreement (South Street 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

Sources: 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 (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

Sources: Executive Supplemental Retirement Income Agreement (Flatbush Federal Bancorp Inc), Executive Supplemental Retirement Income Agreement (Flatbush Federal 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

Sources: Executive Supplemental Retirement Plan (Grandsouth Bancorporation), Executive Supplemental Retirement Plan Executive Agreement (Grandsouth Bancorporation)

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

Sources: 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 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

Sources: Director Agreement (Ameriana Bancorp), Director Agreement (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 (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

Sources: Executive Indexed Salary Continuation Plan Agreement (Quitman Bancorp Inc), Executive Indexed Salary Continuation Plan (Ohio State Bancshares 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

Sources: Supplemental Executive Retirement Agreement (First United Bancshares Inc /Ar/), Supplemental 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 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

Sources: Executive 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 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

Sources: Executive Deferred Compensation Agreement (LINKBANCORP, Inc.), Executive Deferred Compensation Agreement (GNB Financial Services 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 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

Sources: Executive Supplemental Retirement Plan (Grandsouth Bancorporation), Executive Supplemental Retirement Plan Executive Agreement (Grandsouth 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 ’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," 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

Sources: Executive Supplemental Retirement Plan Agreement, Executive Supplemental Retirement Plan (Crescent Banking Co)

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

Sources: Executive Deferred Compensation Agreement (Origin Bancorp, Inc.), Executive Long Term Compensation Agreement (Sound Financial 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 (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

Sources: 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 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

Sources: Director Indexed Fee Continuation Plan Agreement (Shore Bancshares Inc), Director Indexed Fee Continuation Plan Agreement (Shore Bancshares 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 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

Sources: 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 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

Sources: Director Fee Continuation Agreement (Gateway Community 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 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

Sources: Indexed Executive Salary Continuation Plan (Commercial Bancshares Inc \Oh\)

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

Sources: Director Indexed Fee Continuation Plan (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 (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 shall review the written claim and if the claim is denied, in whole or in part, they its Board of Directors 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 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 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 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 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 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 "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

Sources: Executive Supplemental Retirement Income Agreement (Marion Capital Holdings 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 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

Sources: Director Supplemental Retirement Plan Agreement (Heritage NOLA 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 (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

Sources: Director Supplemental Retirement Plan (Crescent Banking Co)

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

Sources: Trustee Supplemental Retirement Plan Agreement (Hampden 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) 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

Sources: 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(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

Sources: Executive Supplemental Retirement Plan Agreement (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 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

Sources: 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 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

Sources: Director Deferred Compensation 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(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 of in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denialdenials, 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 1 contract

Sources: Executive Supplemental Retirement Plan (North Georgia Community Financial Partne)

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 Key Executive (or to the Executive's beneficiary(ies) his beneficiary in the case of the Key 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 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 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 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 Corporation’s discharge of the Key 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

Sources: Executive Benefit Plan Master Agreement (Annas Linen Co)

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

Sources: Executive Indexed Retirement 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 ▇▇▇▇▇, Jr. (or to the Executive's beneficiary(ies) his beneficiary in the case of the Executive▇▇▇▇▇, 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

Sources: Indexed Executive Salary Continuation Plan Agreement (Flag Financial Corp)

Claims Procedure and Arbitration. In the event a dispute arises over benefits -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 darn must be made to the Named Fiduciary and Plan Administrator named above within sixty ninety (6090) days from the date payments are refused-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. 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 fist 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 teams and conditions thereof, then claimants may submit the dispute to an arbitrator a Board of Arbitration 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.Said

Appears in 1 contract

Sources: Executive Supplemental Retirement Plan Agreement (Citizens Bancshares Corp /Ga/)

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

Sources: Executive Deferred Compensation Agreement (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 (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

Sources: Executive Deferred Compensation Agreement (MFS 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

Sources: Executive Supplemental Retirement Income Agreement (Flatbush Federal 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 (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

Sources: 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

Sources: Director Supplemental Retirement Plan (Southfirst Bancshares 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 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

Sources: Executive Supplemental Retirement Plan (Heritage NOLA 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 fist 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 parries hereto agree to be bound by the decision thereunder.*

Appears in 1 contract

Sources: Director Supplemental Retirement Plan Agreement (Citizens Bancshares Corp /Ga/)

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 Company 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 BankCompany'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

Sources: Director Supplemental Retirement Plan (First Community Bancshares Inc /Nv/)

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 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 1 contract

Sources: Director Agreement (Slades Ferry 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 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

Sources: Supplemental Executive Retirement Plan (Mahoning National 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 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

Sources: Nonqualified Deferred Compensation Agreement (Argo Tech Corp)

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 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

Sources: 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 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

Sources: Director Indexed Fee Continuation Plan (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 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 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 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 review, they shall notify the Named Fiduciary and Plan Administrator Board of Directors of the Bank 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 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 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 of Arbitration shall be consist of one member selected by mutual agreement the claimant, one member selected by the Board of the Bank Directors, 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 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 "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

Sources: Director Deferred Compensation Master Agreement (Oceanfirst Financial Corp)

Claims Procedure and Arbitration. A. Named Fiduciary and Plan Administrator -------------------------------------- The "Named Fiduciary and Plan Administrator" of this plan shall be Davi▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇il his resignation or removal by the Board of Directors. As Named Fiduciary for the management, control and administration of the Executive Salary Continuation Agreement as established herein, he may delegate to others certain aspects of the management and operation responsibilities of the plan including the employment of advisors and the delegation of ministerial duties to qualified individuals. B. 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 his 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 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 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 Bank, one member selected by claimant, 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.. In witness whereof, the Bank has caused this Agreement to be signed in its corporate name by its duly authorized officers, and the Executive hereunto set his hand, all on the day and year first above written. UNITY SAVINGS BANK /s/ Rich▇▇▇ ▇▇▇▇▇ By: /s/ Geor▇▇ ▇. ▇▇▇▇ ---------------------------------- ----------------------------------- Witness Title /s/ Chri▇ ▇▇▇▇▇▇▇ By: /s/ Davi▇ ▇▇▇▇▇ ▇▇▇▇ ---------------------------------- ----------------------------------- Witness Davi▇ ▇▇▇▇▇ ▇▇▇▇ BENEFICIARY DESIGNATION FORM PRIMARY DESIGNATION: Name Relationship ---- ------------

Appears in 1 contract

Sources: Executive Salary Continuation Agreement (Oak Hill 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

Sources: Director 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 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

Sources: Non Qualified Supplemental Executive Retirement Agreement (Sound Federal 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 claimant feels he 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) 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 it shall provide in writing writing, within sixty (60) 90 days of receipt of such claim the claim, its specific reasons for such denial, 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. Such written notice writing by the Administrator shall further indicate the additional steps to which must be taken undertaken by claimants claimant 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 claimant desires a second review they review, he shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) 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 comments, in writing, he 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) 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 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 claimant may submit the dispute to an arbitrator arbitration panel for final arbitrationsettlement. The arbitrator arbitration panel shall be consist of three members: one member selected by mutual agreement the claimant, one member selected by the Bank, and the third member selected by the first two members. The arbitration panel shall conduct the arbitration in accordance with the applicable rules of the Bank American Arbitration Association. The arbitral award may grant any relief deemed by the arbitrators to be just and equitable and shall state the reasons for the award and the claimantsrelief granted. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties patties hereto agree that they and they, their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator the arbitration panel with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge Any award rendered may be confirmed, judgment upon any award rendered may be entered, and such award of the Executive "for cause," such dispute shall likewise judgment thereon may be submitted to arbitration as above described and enforced in any court of any state or country having jurisdiction over the parties hereto agree to be bound by the decision thereunderparties.

Appears in 1 contract

Sources: Executive Supplemental Retirement Income Agreement (Mutualfirst Financial 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

Sources: Director Deferral Plan Agreement (South Street 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.

Appears in 1 contract

Sources: Executive Supplemental Retirement Income Agreement (Partners Trust 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 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

Sources: Indexed Executive Salary Continuation Plan Agreement (Rockport 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

Sources: Director Supplemental Retirement Plan Agreement (Waccamaw Bankshares Inc)

Claims Procedure and Arbitration. A. Named Fiduciary and Plan Administrator -------------------------------------- The "Named Fiduciary and Plan Administrator" of this plan shall be Davi▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇il his resignation or removal by the Board of Directors. As Named Fiduciary for the management, control and administration of the Executive Salary Continuation Agreement as established herein, he may delegate to others certain aspects of the management and operation responsibilities of the plan including the employment of advisors and the delegation of ministerial duties to qualified individuals. B. 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 his 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 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 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 Bank, one member selected by claimant, 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.. In witness whereof, the Bank has caused this Agreement to be signed in its corporate name by its duly authorized officers, and the Executive hereunto set his hand, all on the day and year first above written. UNITY SAVINGS BANK /s/ Rich▇▇▇ ▇▇▇▇▇ By: /s/ Davi▇ ▇▇▇▇▇ ▇▇▇▇ ---------------------------------- ------------------------------------ Witness Title Executive President /s/ Chri▇ ▇▇▇▇▇▇▇ By: /s/ Geor▇▇ ▇. ▇▇▇▇ ---------------------------------- ------------------------------------ Witness Davi▇ ▇▇▇▇▇ ▇▇▇▇ BENEFICIARY DESIGNATION FORM PRIMARY DESIGNATION: Name Relationship ---- ------------

Appears in 1 contract

Sources: Executive Salary Continuation Agreement (Oak Hill 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 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 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 (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 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 1 contract

Sources: Executive Supplemental Retirement Income Agreement (Prestige 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 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

Sources: Executive Supplemental Retirement Plan (Fauquier Bankshares 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 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

Sources: Second Executive Supplemental Retirement Income Master Agreement (First Bancorp of Indiana 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 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 described and the parties hereto agree to be bound by the decision thereunder.

Appears in 1 contract

Sources: Director Fee Continuation Agreement (Lyons 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 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 Association 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 upon which the denial is based 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 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 Said Board shall be consist of one member selected by mutual agreement of the Bank claimant, one member selected by the Association, 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

Sources: Director Deferred Compensation Agreement (First Capital 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 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

Sources: Director Indexed Salary 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 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.

Appears in 1 contract

Sources: Director Deferred Compensation Master Agreement (Mutualfirst 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 ’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

Sources: Executive Incentive Retirement Plan Agreement (GCF 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 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

Sources: Executive Incentive Retirement Plan Agreement (Gateway Community 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) 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 he 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 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 1 contract

Sources: Executive Supplemental Retirement Agreement (GBC 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 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

Sources: Director Deferred Compensation Master Agreement (River Valley 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 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

Sources: Executive Salary Continuation Agreement (American 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 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

Sources: Executive Supplemental Retirement Plan Agreement (Greater Rome Bancshares 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 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

Sources: 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 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) or the payment of benefits is curtailed for reasons set forth in Sections 4.7(a) or 4.7(b) and such claimants feel they are claimant feels that 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) 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 (60) 90 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 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 (60) 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) 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 1 contract

Sources: Director Retirement Plan (CF 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 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

Sources: Executive Supplemental Retirement Plan Agreement (Poage 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 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

Sources: Executive Supplemental Retirement Plan (CNB Holdings Inc /Ga/)

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

Sources: Director Agreement (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 ’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

Sources: Executive Supplemental Retirement Plan Agreement (FedFirst 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

Sources: Executive Salary 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

Sources: Director Fee Continuation Agreement (FedFirst Financial CORP)