Earthlink 2013 Annual Report Download - page 183

Plan Administrator will notify the claimant of the 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.
4
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 or
Chief Financial Officer or any of their designees or by such other action as the Company may determine. On and after
the termination of the Plan, no further awards of severance pay or other benefits shall be made or accrue under the Plan;
provided, however, that any such termination of the Plan shall not materially and adversely affect any award of
severance pay or other benefits made or accrued before the effective date of termination of the Plan.
5
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.
6
Plan Funding
The Plan is funded entirely through Company or Affiliate payments from its operating assets. Severance pay and
benefits are not held under any trust, are paid from the general assets of the Company or Affiliate, are unsecured, and are
subject to the claims of the Company’s or Affiliate’
s general creditors. The rights of eligible employees are no greater
than those of an unsecured general creditor of the Company or Affiliate, as applicable.
7
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.
8
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
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