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5/26/2021 3:30:38 PM
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5/26/2021 3:29:15 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
8/12/2020
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PERM
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Where any lawsuit is reported after the 30 day period as required by this <br />provision, all defense costs incurred prior to the date of late reporting will not <br />constitute covered ultimate net loss eroding the self insurance retention. The <br />covered parties shall cooperate in an early review of employment practices <br />liability claims or suits with counsel appointed by the Authority at the expense <br />of the Authority. <br />(c) If claim is made or suit is brought against the covered party and such claim or <br />suit falls within the description in paragraph (a) above, the covered party shall <br />be obligated to forward to the Authority every demand, notice, summons or <br />other process received by it or its representative. <br />(d) The covered party shall cooperate with the Authority and upon its request <br />assist in making settlements, in the conduct of suits and in enforcing any right <br />of contribution or indemnity against any person or organization who may be <br />liable to the covered party because of bodily injury, personal injury, property <br />damage or public officials errors and omissions with respect to which <br />coverage is afforded under this Agreement; and the covered party shall attend <br />hearings and trials and assist in securing and giving evidence and obtaining <br />the attendance of witnesses. <br />(e) The Authority shall be entitled to complete access to the covered party's claim <br />file, the defense attorney's complete file, and all investigation material and <br />reports, including all evaluations and information on negotiations. The <br />covered party shall be responsible to report on the progress of the litigation <br />and any significant developments at least quarterly to the Authority, and to <br />provide the Authority with simultaneous copies of all correspondence <br />provided to the covered party by its defense attorneys and/or agents. <br />2) Action Against Authority/Subrogation <br />(a) No action shall lie against the Authority with respect to the coverages and <br />related provisions defined in the Memorandum of Coverage (Memorandum) <br />for the Automobile/General Liability Program unless, as a condition precedent <br />thereto, there shall have been full compliance with all of the terms of the <br />Memorandum, nor until the amount of the covered party's obligation to pay <br />shall have been finally determined either by judgment against the covered <br />party after actual trial or by written agreement of the covered party, the <br />claimant and the Authority. Any person or organization or the representative <br />thereof who has secured such judgment or written agreement shall <br />thereafter be entitled to recover under said Memorandum to the extent of <br />the coverage afforded by said Memorandum. No person or entity shall have <br />any right under said Memorandum to join the Authority as a party to any <br />action against the covered party to determine the covered party's liability, nor <br />Memorandum of Coverage <br />Effective: 0710112019 <br />27 <br />
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