Earthlink 2006 Annual Report Download - page 132

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shall have ninety (90) days from the date of receipt of the Employer’s decision on review in which to file suit regarding a claim for benefits
under the Plan. If suit is not filed within such 90-day period, it shall be forever barred. The decisions made hereunder shall be final and
binding on Employees and any other party.
7.
Administration of the Plan .
The Employer through its Board of Directors shall interpret and administer the Plan. The Employer shall establish rules for the
administration of the Plan. The Employer shall have the discretionary authority to construe the terms of the Plan and shall determine all
questions arising in its administration, interpretation and application, including those concerning eligibility for benefits. All determinations of
the Employer shall be final and binding on all Employees and Beneficiaries. The Employer may appoint a committee or an agent or other
representative to act on its behalf and may delegate to such committee or agent or representative any of its powers hereunder. Any action that
such committee or agent or representative takes shall be considered to be the action of the Employer, when the committee or agent or
representative is acting within the scope of the authority that the Employer delegated to it, and the Employer shall be responsible for all such
actions. If the Employer appoints a committee or other agent or representative to act on its behalf, the Employer will pay all the expenses
relating to such administration, and, as permitted by law, the Employer will indemnify and save each committee member or agent or
representative harmless against expenses, claims, and liabilities arising out of being such committee member or agent or representative. The
Employer also may employ such accountants, counsel, specialists and other advisory clerical persons as it deems necessary or desirable in
connection with administration of the Plan. The Employer is entitled to rely conclusively on any opinions from its accountants or counsel. The
Employer will keep all books of account, records and other data necessary for proper administration of the Plan.
8.
Employee Assignment .
No interest of any Employee, his or her spouse or any Beneficiary under this Plan, or any right to receive any payment or distribution
hereunder, shall be subject in any manner to sale, transfer, assignment, pledge, attachment, garnishment, or other alienation or encumbrance of
any kind, nor may such interest or right to receive a payment or distribution be taken, voluntarily or involuntarily, for the satisfaction of the
obligations or debts of, or other claims against, the Employee or his or her spouse or Beneficiary, including claims for alimony, support,
separate maintenance, and claims in bankruptcy proceedings.
9.
Benefits Unfunded .
All rights under this Plan of the Employees and their spouses and Beneficiaries, shall at all times be entirely unfunded, and no
provision shall at any time be made with respect to segregating any assets of Employer or any Affiliate for payment of any amounts due
hereunder. The Employees, their spouses and Beneficiaries shall have only the rights, if any, of general unsecured creditors of Employer and
its Affiliates.
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