Avis 2008 Annual Report Download - page 237

any liability for any act done, determination made or failure to act, if in good faith, and the Company shall indemnify the Committee, its
members and such other persons against any and all liability which is incurred as a result of the good faith performance or good faith
nonperformance of their duties hereunder. Nothing in this Plan shall preclude the Company from purchasing liability insurance to protect such
persons with respect to their duties under this Plan. The protection provided in this Section applies only to those Committee members and other
persons who are Employees.
11.14 Disputes . In the event that any dispute shall arise as to any act to be performed by the Committee, the Committee may
postpone the performing of such act until actual adjudication of such dispute shall have been made in a court of competent jurisdiction or until
they shall be indemnified against loss, to their satisfaction, by the Company.
11.15 Committee Members as Participants . No member of the Committee shall be precluded from becoming a Participant of the
Plan if he would be otherwise eligible, but he shall not be entitled to vote or act upon, or sign any documents relating specifically to, his own
participation under the Plan except when it relates to benefits generally. If this disqualification results in the lack of a Committee quorum, then
the Compensation Committee of the Board of Directors shall appoint a sufficient number of temporary members of the Committee who shall
serve for the sole purpose of determining such a question.
11.16 Claims Procedure .
(a) Initial Claim . If an eligible Employee or an eligible Employee’
s surviving spouse or other beneficiary (hereinafter referred to as a
“Claimant”) is denied any benefit under this Plan, the Claimant may file a claim in writing with the Committee. The Committee shall review the
claim itself or appoint an individual or an entity to review the claim. The Claimant shall be notified within ninety (90) days after receipt of the
claim by the Committee, whether the claim is allowed or denied, unless the Claimant receives written notice prior to the end of the ninety
(90) day period stating that circumstances require an extension of the time for decision and the date that a decision is expected to be provided to
the Claimant. Such notification shall be given within one hundred and eighty (180) days after the claim is filed. The notice of the decision shall
be in writing, in a manner calculated to be understood by the Claimant, sent by mail to the Claimant’s last known address, and, if the notice is a
denial of the claim, the notice must contain the following information:
(1) the specific reason or reasons for the denial;
(2) a reference to specific provisions of the Plan on which the denial is based; and
(3) if applicable, a description of any additional material or information necessary to perfect the claim and an explanation of why such material
or information is necessary; and
(4) an explanation of the Plan’s claims review procedure for the denied or partially denied claim and any applicable time limits, and a statement
that the Claimant has a right to bring a civil action under Section 502(a) of the Employee Retirement Income Security Act of 1974, as amended
(“ERISA”), following an adverse benefit determination on review.
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