Dell 2008 Annual Report Download - page 141

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(1) State the specific reason or reasons for the denial or modification;
(2) Provide specific reference to pertinent Plan provisions on which the denial or modification is based;
(3) Provide a description of any additional material or information necessary for the Participant, his beneficiary, or representative to perfect the
claim and an explanation of why such material or information is necessary; and
(4) Explain the Plan's claim review procedure as contained herein.
(b) In the event a claim for Plan benefits is denied or modified, if the Participant, his beneficiary, or a representative of such Participant or
beneficiary desires to have such denial or modification reviewed, he must, within sixty (60) days following receipt of the notice of such denial or
modification, submit a written request for review by the Committee of its initial decision. In connection with such request, the Participant, his
beneficiary, or the representative of such Participant or beneficiary may review any pertinent documents upon which such denial or modification
was based and may submit issues and comments in writing. Within sixty (60) days following such request for review the Committee shall, after
providing a full and fair review, render its final decision in writing to the Participant, his beneficiary, or the representative of such Participant or
beneficiary stating specific reasons for such decision and making specific references to pertinent Plan provisions upon which the decision is
based. If special circumstances require an extension of such sixty-day period, the Committee's decision shall be rendered as soon as possible, but
not later than 120 days after receipt of the request for review. If an extension of time for review is required, written notice of the extension shall
be furnished to the Participant, beneficiary, or the representative of such Participant or beneficiary prior to the commencement of the extension
period.
(c) Compliance with the claims review procedures set forth in this Section shall be a condition precedent to the filing of a lawsuit by a Participant,
his beneficiary, or any person claiming through a participant or beneficiary in connection with a Plan benefit, and a failure to timely exhaust the
administrative remedies set forth herein shall bar any such proceeding in federal or state court.
10.6 Employer to Supply Information. An Employer shall supply full and timely information to the Committee, including, but not limited to, information
relating to each Participant's Compensation, age, retirement, death, or other cause of separation from service and such other pertinent facts as the
Committee may require. When making a determination in connection with the Plan, the Committee shall be entitled to rely upon the aforesaid
information furnished by an Employer.
10.7 Indemnity. To the extent permitted by applicable law, the Company and each Participating Employer shall indemnify and hold harmless each member
of the Committee and other employees of an Employer to whom Plan administrative functions have been delegated by the Committee against any and
all expenses and liabilities arising out of such individual's -29-