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Article 5
Plan Administration
Plan Administrator
The Plan shall be administered by the Plan Committee, which shall be the Committee that is responsible for
administering the Avnet Pension Plan (as prescribed by the Avnet Pension Plan) or its designee.
Authority, Powers, and Responsibilities of Plan Committee
Claims, Appeals, and Litigation
Claims and appeals related to participation or benefits under the Plan shall be filed and resolved in accordance
with the procedures that apply for claims and appeals under the Avnet Pension Plan. Such procedures are referred
to herein collectively as the “claims procedure.”
(a)
The Plan Committee shall have the same authority, powers, and responsibilities with respect to the Plan as the
Committee responsible for administering the Avnet Pension Plan has with respect to the Avnet Pension Plan;
provided, however, that obligations imposed by Parts 2, 3, and 4 of Title I of ERISA (including ERISA's
fiduciary responsibilities) shall not apply with respect to the Plan. For the avoidance of doubt, such authority,
powers, and responsibility include the power to construe and interpret the terms and provisions of the Plan and to
remedy or correct any ambiguities, omissions, or inconsistencies contained therein. Any interpretation of the Plan
and any decision on any matter within the discretion of the Plan Committee that is made by the Plan Committee
in good faith shall be binding on all persons.
(b)
Any question with regard to the Plan Committee's authority, power, or responsibilities shall be resolved in a
manner consistent with the provisions of the Avnet Pension Plan that set forth the authority and responsibilities
of the Committee responsible for administering the Avnet Pension Plan (subject to this Plan's exemption from the
requirements of Parts 2, 3, and 4 of Title I of ERISA). Such provisions are incorporated into the Plan by
reference.
(c)
The Company and Affiliates shall indemnify the Plan Committee against any and all liabilities, settlements,
judgments, losses, costs, and expenses (including reasonable legal fees and expenses) of whatever kind and
nature that may be imposed on, incurred by, or asserted against the Plan Committee by reason of the performance
or nonperformance of the Plan administration function if such action or inaction did not constitute gross
negligence or willful misconduct. The foregoing right of indemnification shall be in addition to other rights of the
Plan Committee by law or by reason of insurance coverage of any kind, but shall not provide for duplication. The
Company may, at its own expense, settle any claim asserted or proceeding brought against the Plan Committee or
any of its members when the Company determines that settlement appears to be in the best interests of the
Company.
(a)
Claims and Appeals Procedures
.
(b)
Litigation
.
(1)
No Applicable Claim (as defined in subsection (2), below) may be filed in any court or in any other forum
until the claimant has exhausted the claims procedure referenced in Section 5.03(a). Any Applicable
Claim shall be filed in a court described in subsection (3),
Avnet Restoration Plan
2013 Restatement
Page
9