Earthlink 2013 Annual Report Download - page 180

In order to receive severance pay and benefits under the Plan, eligible employees shall be required (i) to confirm in the
Waiver and Release Agreement the terms of their Employee Confidentiality and Invention Assignment Agreement or
other employee confidentiality agreement(s) with the Company or Affiliate and, at the Company’s or Affiliate’
s
discretion, and (ii) to agree in the Waiver and Release Agreement to such other terms relating to the protection and
return of the Company’s or Affiliate’
s confidential and proprietary business information and other Company or Affiliate
property as the Company or Affiliate deems appropriate.
After an employee’
s termination of employment with the Company and its Affiliates, he or she shall, with reasonable
notice, furnish information as may be in his or her possession, control or knowledge and to otherwise cooperate with and
assist the Company or Affiliate as reasonably may be requested in connection with any claims or legal actions in which
the Company or Affiliate is or may become a party, or in any matter in which he or she was involved or of which he or
she had knowledge while employed by the Company or Affiliate. No employee shall be entitled to any compensation for
such cooperation except for reimbursement by the Company or Affiliate for his or her actual out-of-
pocket expenses or
costs incurred with this cooperation as soon as administratively practicable after the expenses are incurred.
Return of Company Property
Upon termination of employment, employees shall return to the Company or Affiliate all property of the Company or
Affiliate in their possession, custody or control, including keys, credit cards, identification cards, laptop computers,
Personal Digital Assistants (PDAs), car and mobile telephones, pagers, parking stickers, correspondence, notes,
memoranda, reports, manuals, notebooks, drawings, sketches, blueprints, formulae, prototypes, models, computer disks,
computer printouts, information stored electronically on computers, and the trade secrets and other confidential
information of the Company or Affiliate. Employees shall not make any copies, nor shall they retain any originals or
copies of such property.
Plan Administration
The Company shall act as the Plan Administrator of the Plan (or shall have the power to appoint a Plan Administrator of
the Plan) and the “named fiduciary”
within the meaning of such terms as defined in ERISA. It shall be the principal duty
of the Plan Administrator to see that the Plan is carried out, in accordance with its terms, and operated uniformly for
similarly situated individuals.
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Authority of Plan Administrator
The Plan Administrator shall have sole discretionary power to administer the Plan, subject to applicable requirements of
law. The Plan Administrator shall have the authority to interpret the Plan and to determine all questions arising under or
in connection with the Plan, including all questions of fact and questions of eligibility to participate and obtain benefits
under the Plan. The Plan Administrator shall pay benefits under the Plan, in accordance with its terms, but only if it
determines in its sole discretion that the claimant is entitled to them.
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