Agmt05 California Public Entity - Laserfiche WebLink

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The "Covered Party" shall forward promptly to the Authority any requested information on individual "occurrences", claims or cases, and shall render to the Authority within thirty (30) days after the close of each Loss Reporting Period specified in Item 6 of the Declarations an experience report upon a form satisfactory to the Authority showing in detail the amount disbursed during the preceding Loss Reporting Period in settling claims and the estimated future payments on or reserves for outstanding claims. V. The Authority, at its own election and expense, shall have the right to participate with the "Covered Party" in, or to assume in the name of the "Covered Party", control over the investigation, settlement, defense or appeal of any claim, suit or proceeding which might involve liability of the Authority. SERVICE ORGANIZATION: As a condition precedent to recovery hereunder, it is agreed that the "Covered Party" will engage one or more service organizations and/or in-house staff acceptable to the Authority to perform on behalf of the "Covered Party", and without charge to the Authority, such services as may be acceptable to the Authority during the currency of this Memorandum and until the final settlement of all claims arising out of "occurrences" which take place while this Memorandum is in force. The performance of such services shall not constitute any undertaking on behalf of the Authority, nor relieve the "Covered Party" of any of its obligations under the terms of this Memorandum. VI. ASSISTANCE AND COOPERATION: In the event the Authority elects to participate with the "Covered Party" in, or to assume in the name of the "Covered Party", control over the investigation, defense or appeal of any claim, suit or proceeding, the "Covered Party" shall cooperate to the fullest extent with the Authority and its representatives. Upon the Authority's request the "Covered Party" shall direct its service organization and/or other representatives to cooperate with and assist the Authority in all matters relative to such investigation, settlement, defense or appeal. If the Authority elects to assume control as described above, the Authority shall give written notice of such election to the "Covered Party". Upon receipt of such written notice the "Covered Party" shall not, except at its own cost, voluntarily make any payment, assume any obligation or incur any expense other than such immediate medical or other services at the time of injury as are required by the "Workers' Compensation Act" or such immediate medical and surgical relief as may become imperative at the time of an "occurrence". VII. LOSS PAYABLE: The Authority shall pay any "loss" for which it may be liable under this Memorandum in the following manner: A. As respects Paragraphs A and B of Insuring Agreement I, payment shall first be made by the "Covered Party" in accordance with the provisions of the Workers' Compensation Law, and the Authority shall reimburse the Form 7/1/2004 Page 6 of 8