Honeywell 2008 Annual Report Download - page 208

make payment in accordance with the provisions of Section 21. Any such adjustment determined by the New Plan Administrator, whether agreed to by the
Participant or not, shall be final and binding upon the Corporation or responsible Honeywell Employer and may not be challenged by either of them.
(e) Direct Application. Upon notice to the New Plan Administrator by an affected Participant, as to whom the Corporation or responsible Honeywell
Employer has made no recommendation, that a Covered Termination has occurred, the Corporation or responsible Honeywell Employer shall be notified by
the New Plan Administrator and given 15 days from the date the Participant gave notice to the new Plan Administrator within which to make a
recommendation as to benefit determination. The New Plan Administrator shall also make its own independent determination as to the benefit payable under
the terms of the Plan. Within 15 days of receipt of the notice from the affected Participant, the New Plan Administrator shall transmit to the Participant its
own recommendation and that of the Corporation or responsible Honeywell Employer if such is available. If either recommendation is accepted in writing by
the affected Participant, the New Plan Administrator shall advise the Corporation or responsible Honeywell Employer, and the Corporation or responsible
Honeywell Employer shall make payment in accordance with the terms of Section 21. Any recommendation by the New Plan Administrator shall be final and
binding upon the Corporation or responsible Honeywell Employer and may not be challenged by either of them.
(f) Disputed Recommendation. If an affected Participant does not agree in writing within 15 days of transmittal to accept any of the recommendations
made pursuant to Sections 22(c), 22(d) or 22(e), the New Plan Administrator (1) shall consider the amount in excess of the highest recommendation to be a
claim for benefits which is in dispute and shall, with respect to such amount, initiate an action in interpleader pursuant to Rule 22 of the Federal Rules of Civil
Procedure or analogous rules, before a court of competent jurisdiction, and (2) cause the Corporation or responsible Honeywell Employer to pay the
Participant the higher of (A) the amount recommended, if any, by the Corporation or the responsible Honeywell Employer, or (B) the amount recommended
by the New Plan Administrator, in accordance with the terms of Section 21. The New Plan Administrator shall not assert any claim or take any position in the
interpleader proceeding based on its interpretation of the terms of the Plan, other than the provisions of this Section 22.
(g) Attorneys Fees and Costs. If a Participant is paid or is determined to be entitled to receive benefits (i) in excess of any recommendation made by the
Corporation or responsible Honeywell Employer pursuant to Sections 22(c) or 22(e), or (ii) in a case where the Corporation or responsible Honeywell
Employer have made no recommendation pursuant to Sections 22(c) or 22(e), the New Plan Administrator shall advise the Corporation or responsible
Honeywell Employer, and the Corporation or responsible Honeywell Employer shall immediately pay or reimburse, in accordance with Section 15(b)(iii)
above, the affected Participant for the full amount of any attorneys’ fees and other expenses the affected Participant incurred in pursuing his or her claim for
benefits. The payment or reimbursement shall include the standard hourly rates charged by each such attorney, any and all other expenses related to the action
incurred by or on
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