Dell 2003 Annual Report Download - page 113

of the notice of such denial or modification, submit a written request for review by the Committee of its initial decision. In connection with such
request, the Participant, his beneficiary, or the representative of such Participant or beneficiary may review any pertinent documents upon which
such denial or modification was based and may submit issues and comments in writing. Within sixty days following such request for review the
Committee shall, after providing a full and fair review, render its final decision in writing to the Participant, his beneficiary, or the representative of
such Participant or beneficiary stating specific reasons for such decision and making specific references to pertinent Plan provisions upon which
the decision is based. If special circumstances require an extension of such sixty-day period, the Committee's decision shall be rendered as soon as
possible, but not later than 120 days after receipt of the request for review. If an extension of time for review is required, written notice of the
extension shall be furnished to the Participant, his beneficiary, or the representative of such Participant or beneficiary prior to the commencement
of the extension period.
(c) Timely completion of the claims procedures described in this Section shall be a condition precedent to the commencement of any legal or equitable
action in connection with a claim for benefits under the Plan by a Participant or by any other person or entity claiming rights through such
Participant; provided, however, that the Committee in its discretion may waive compliance with such claims procedures as a condition precedent to
any such action.
(d) Any legal action with respect to a claim for Plan benefits must be filed no later than one year after the later of (i) the date the claim is denied by the
Committee or (ii) if a review of such denial is requested, the date of the final decision by the Committee with respect to such request.
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