EMC 2010 Annual Report Download - page 116

an extension is necessary due to such person's failure to submit the information necessary to decide the claim, the notice of extension will specifically
describe the required information and such person will be afforded at least forty-five (45) days within which to provide the specified information. If
such person delivers the requested information within the time specified, any thirty (30) day extension period will begin after such person has provided
that information. If such person fails to deliver the requested information within the time specified, the Administrator may decide such person's claim
without that information. Notwithstanding the foregoing, if such notification is not given within such forty-five (45) or an extended period, the claim
will be considered denied as of the last day of such period and such person may request a review of his or her claim in accordance with Section 7.3(b).
(b) Appeals. Within one hundred eighty (180) days after the date on which a person receives a written notice of a denied claim (or, if applicable,
within one hundred eighty (180) days after the date on which such denial is considered to have occurred) such person (or his or her duly authorized
representative) may file a written request with the Administrator for a review of his or her denied claim. The Administrator will notify such person of
its decision on review in writing. The decision on review will be made within forty-five (45) days after the request for review is received by the
Administrator (or within ninety (90) days, if special circumstances require an extension of time for processing the request, such as an election by the
Administrator to hold a hearing, and if written notice of such extension and circumstances is given to such person within the initial forty-five (45) day
period). If an extension is necessary due to such person's failure to submit the information necessary to decide the appeal, the notice of extension will
specifically describe the required information and such person will be afforded at least forty-five (45) days to provide the specified information. If such
person delivers the requested information within the time specified, the forty-five (45) day extension of the appeal period will begin after such person
has provided that information. If such person fails to deliver the requested information within the time specified, the Administrator may decide such
person's appeal without that information. Notwithstanding the foregoing, if the decision on review is not made within such forty-five (45) or ninety
(90) day period, the claim will be considered denied.
The Administrator may, in its sole discretion amend or revise this Section 7.3, provided, that the claims procedure for the Plan pursuant to which
persons may claim an interest in the Plan and appeal denials of such claims, as amended or changed, shall meet the minimum standards of Section 503
of ERISA.
7.4. Indemnification of Administrator. The Company shall indemnify and defend to the fullest extent permitted by law any director, officer or
employee of the Company or its Subsidiaries who serves as the Administrator or as a member of a committee appointed to serve as Administrator, or who
assists the Administrator in carrying out its duties (including any such individual who formerly served in any such capacity) against any and all liabilities,
damages, costs and expenses (including attorneys' fees and amounts paid in settlement of any claims approved in writing by the Company) arising out of or
relating to any act or omission to act in connection with the Plan, if such act or omission is in good faith.
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