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If a claim is made, or suit is brought against the Member, the Member shall immediately forward to the PooCr6,47
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<br />demand, notice, summons, or other process received by the Member, or its representative.
<br />The Pool, or its designee, retains the sole authority to adjudicate claims and the Pool is responsible for providing legal
<br />representation required to adjudicate claims. All decisions regarding claims shall be made by the Pool, or its designee,
<br />• including the decision to litigate or not litigate a claim, to appeal or not to appeal, to settle or not settle a claim, or to proceed to
<br />trial or not proceed to trial.
<br />No Member shall pay a claim, or claims-related expense, without the prior approval of the Pool, or its designated service
<br />provider. Any Member making such a voluntary payment or entering into an agreement to pay will be responsible for the claim
<br />and any expenses paid and/or committed, including the cost of a legal defense. All such claims and expenses are excluded
<br />from any applicable excess insurance or reinsurance purchased through the Pool.
<br />Termination by the Pool. This Agreement and/or the Liability and Property coverage may be canceled by the Pool on the
<br />renewal date of the coverage after providing written notice by certified mail, return receipt requested, to the Member at least
<br />sixty (60) days prior to the renewal date. However, the Pool may cancel this Agreement and/or the Liability and Property
<br />coverage at any time pursuant to the following, after giving fifteen (15) days written notice to the Member: (i) if the Member has
<br />failed to remit any contribution or reimbursement when due; (ii) when the Member reorganizes or dissolves; or (iii) if the
<br />Member fails to initiate and administer a Minimum Safety Program and/or any other reasonable risk control recommendation
<br />submitted by the Pool to the Member.
<br />8. Termination by the Member. The Member may cancel this Agreement without penalty effective on the renewal date of the
<br />coverage, after providing written notice to the Pool at least thirty (30) clays prior to said renewal date. The Member may also
<br />terminate this Agreement in the event of a material, substantive amendment or modification to the Liability and Property
<br />coverage as outlined in Article 4 above. If the Member wishes to terminate the Agreement prior to the coverage termination
<br />date pursuant to Article 4, the Member must notify the Pool at least thirty (30) days prior to the date the change will go into
<br />effect. In no event will the termination become effective prior to thirty (30) days from the elate of notice of termination by the
<br />Member.
<br />9. Termination Penalty. If the Member fails to comply with the provisions as set forth in Article 8, the Member will be liable as
<br />follows: (i) if notice to the Pool is provided less than thirty (30) days before the Members renewal date, but prior to the renewal
<br />effective date, ten percent (10%) of the annual estimated renewal contribution will be payable; (ii) if notice to the Pool is
<br />provided after the renewal date, the total annual estimated renewal contribution will be payable.
<br />:0. Member Appeals. The Member shall have the right to appeal any action taken, or decision made, by the Pool concerning
<br />coverage(s) offered, or the administration of the Pool, in accordance with the Appeals procedures adopted by the Pool. As
<br />provided for in the Appeals procedures, any decision may be subject to the final review by the Pool's Board of Trustees,
<br />whose decision shall be final. Any Appeal shall be submitted in writing to the Pool's Assistant Executive Director of Risk
<br />Management Services within thirty (30) days of a decision being rendered.
<br />11. Membership. In the interest of providing effective governance, the Member, or at least one of its budgetary contributors, must
<br />be a Member of the North Carolina Association of County Commissioners.
<br />12. Notice. Any written notice to the Pool shall be made by first class mail, postage prepaid, and delivered to the Pool's Assistant
<br />Executive Director of Risk Management Services, North Carolina Association of County Commissioners, PO Box 1488,
<br />Raleigh, NC 27602-1488.
<br />13. Severability. If any portion of this Agreement shall be declared illegal or unenforceable for any reason, the remaining portions
<br />shall continue in full force and effect.
<br />By executing the Agreement, the Member is authorizing the Pool to bind coverage on its behalf and acknowledges that the
<br />Member is subject to the terms and conditions as set forth in the Agreement.
<br />Name of
<br />Signature of Authorized Representative of Member Group
<br />uate Signed
<br />I1nnted name of Authorized Representative of Member Group
<br />•
<br />2008- 2000 NCACC Liability and Property Pool Participation Agreement
<br />Title of Authorized Representative of Member Group
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