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<br />OR I q 2 q PG I 0 q 1
<br />
<br />c
<br />
<br />c
<br />
<br />executed by the member and the Fund pursuant to this Agreement, and
<br />shall be permitted at all reasonable times while the member
<br />participates in the Fund, and up to and including two (2) years
<br />following the termination of its membership in the Fund, to examine
<br />the members' books, vouchers, contracts, documents and records of
<br />any and every kind which show or tend to show or verify any loss
<br />that may be paid or may have been paid by the Fund on behalf of the
<br />member pursuant to this Agreement, or any other agreement,
<br />certificate, document, or other instrument executed by the member
<br />and the Fund pursuant to this Agreement, or which show or verify
<br />the accuracy of any contribution which is paid or payable by the
<br />member pursuant to the terms of this Agreement, or any other
<br />agreement, certification, document or any other instrument executed
<br />by the Program and the member pursuant to this Agreement;
<br />
<br />f. The member and the Fund agrees the Fund is to defend in
<br />the name of and on behalf of the member any claims, suits or other
<br />legal proceedings which may at any time be instituted against the
<br />member on account of bodily injury liability, property damage,
<br />property damage liability, errors and omissions liability, civil
<br />rights liability, personal injury liability or any other such
<br />liability, monetary or otherwise, to the extent such defense and
<br />liability has been assumed by the Fund pursuant to this Agreement
<br />or any other agreement, certificate, document, or other instrument
<br />executed by the Fund and the member pursuant to this Agreement,
<br />subject to any and all of the definitions, terms, conditions and
<br />exclusions contained in said agreements, certificates, documents or
<br />other instruments, although such claims, suits, allegations or
<br />demands are wholly groundles~, false, fraudulent, and to pay all
<br />costs taxed against the member in any such legal proceedings
<br />defended by the Fund or the members, all interest, if any, legally
<br />accruing before and after entry of judgement in such proceedings,
<br />and all expenses incurred in the investigation, negotiation or
<br />defense of such claims, suits, allegations or demands. Such
<br />defense shall be subj ect to the control of the Fund and its
<br />Administrator, which may make such investigation and settlement of
<br />any such claim, suit, or other legal proceeding, monetary or
<br />otherwise, as they deem expedient;
<br />
<br />g. The member agrees the liability of the Fund is
<br />specifically limited to the discharge of the liability of its
<br />members assumed pursuant to this Agreement or any other agreement,
<br />certificate, document, or any other instrument executed by the
<br />member and the Fund pursuant to this Agreement;
<br />
<br />h. The member agrees the coverage of the Fund does not apply
<br />to punitive or exemplary damages;
<br />
<br />i. Unless the Fund and the member otherwise expressly agree
<br />in writing, the member agrees coverage by the Fund for a member
<br />under the terms of this Agreement or any other agreement,
<br />certificate, document, or other instrument executed by the member
<br />and the Fund pursuant to this Agreement, shall expire automatically
<br />at midnight on the last day of September of each calendar year, and
<br />no liability under this Agreement, of any other agreement,
<br />document, or instrument executed between the Fund and a member
<br />pursuant to this Agreement, shall accrue to the Fund beyond such
<br />expiration date unless such member renews its coverage.
<br />
<br />j. Except as otherwise provided herein, the member and the
<br />Fund agree such member's coverage may be canceled by the Fund or
<br />the member at any time upon no less than,forty-five (45) days prior
<br />written notice by the Board of Trustees or the Administrator to the
<br />member, or by the member to the Fund, stating the date such
<br />cancellation shall be effective;
<br />
<br />c
<br />
<br />k. The member agrees excess monies remaining after the
<br />payment of claims and claim expenses, and after provision has been
<br />made for the payment of open claims and outstanding reserves, may
<br />be distributed by the Board of Trustees to the members
<br />participating in the Fund in such manner as the Trustees shall deem
<br />to be equitable.
<br />
<br />[[]
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