Earthlink 2013 Annual Report Download - page 155

the claimant of the benefit determination as soon as possible, but not later than five days after the benefit determination
is made.
(i)
In no event shall an Employee or other claimant be entitled to challenge a decision of the Employer 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 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.
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 within the time, if any, required by
Section 409A of the Code. 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.
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.
17
7.
Administration of the Plan.
8.
Employee Assignment.