Exhaustion of Remedies. No legal action for benefits under the Plan may be brought until the applicant # has submitted a written application for benefits in accordance with the procedures described by Section 9(a) above, # has been notified by the Plan Administrator that the application is denied, # has filed a written request for a review of the application in accordance with the appeal procedure described in Section 9(c) above, and # has been notified that the Plan Administrator has denied the appeal. Notwithstanding the foregoing, if the Plan Administrator does not respond to an applicant’s claim or appeal within the relevant time limits specified in this Section 9, the applicant may bring legal action for benefits under the Plan pursuant to [Section 502(a)] of ERISA.

Exhaustion of Remedies. Except as required by applicable law, no action at law or equity shall be brought to recover a benefit under the Plan unless and until the claimant has: # submitted a claim for benefits, # been notified by the Plan Administrator that the benefits (or a portion thereof) are denied, # filed a written request for a review of denial with the Plan Administrator, and # been notified in writing that the denial has been affirmed.