Earthlink 2008 Annual Report Download - page 185

benefit determination as soon as possible, but not later than five days after the benefit determination is made.
In no event shall an employee or other claimant be entitled to challenge a decision of the Plan Administrator in court or in any other
administrative proceeding unless and until these claim review and appeal procedures have been complied with and exhausted. The claimant
shall have ninety (90) days from the date of receipt of the Plan Administrator’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 participants, employees and any other party.
Amendment / Termination / No Vesting
Eligible employees do not have any vested right to severance pay and benefits under the Plan. The Company reserves the right, in its sole
discretion, to amend or terminate the Plan at any time by written action of its Chief Executive Officer, Chief Financial Officer or Chief People
Officer or any of their designees or by such other action as the Company may determine.
No Representations Contrary to the Plan
The terms of an employee’s severance pay and benefits are as set forth in this document, which cannot be changed by the promises of any
individual employee or manager. Only the Company may change the terms of the Plan, and then only through a written amendment. No
promises (oral or written) that are contrary to the terms of the Plan and its written amendments are binding upon the Plan, the Plan Administrator
or the Company or any of its Affiliates.
Plan Funding
The Plan is funded entirely through Company payments from its operating assets. Severance pay and benefits are not held under any trust, are
paid from the general assets of the Company, are unsecured, and are subject to the claims of the Company’s general creditors. The rights of
eligible employees are no greater than those of an unsecured general creditor of the Company.
Coordination With Other Benefits
Severance pay and benefits under the Plan are not considered eligible earnings for the Company’s 401(k) Plan or any other benefit program.
Restriction Against Assignment
Severance pay and benefits under the Plan may not be assigned, pledged or encumbered in any manner, and any attempt to do so shall be void.
The Company and its Affiliates shall make deductions from Plan severance payments to the extent required by court-ordered garnishment, wage
assignment or similar law.
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