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<br />XI. <br /> <br />XII. <br /> <br />XIII. <br /> <br />XIV. <br /> <br />IX. <br /> <br />TRUST AGREEMENT <br /> <br />A. The Client will establish an account fOt the payment of all liability .incurred under the terms of the <br />Agreement. The account shall be fulfJ.;;u tidcqw:!teli to pay all expenditures. Funding of account and <br />reconciliation will be as agreed upon between Client and CMI. <br /> <br />X. <br /> <br />INSURANCE REQUIREMENTS <br /> <br />A. Before performing services CMI will provide evidence of the following insurance coverages: <br /> <br />1. <br /> <br />Workers' compensation insurance as required by Labor Code Section 3700 for all employees of <br />CMI. <br /> <br />2. <br /> <br />Comprehensive and general automobile liability insurance with a minimum of $1,000,000 <br />combined single limits per occurrence. <br /> <br />3. <br /> <br />Professional liability insurance with a minimum of $1 ,000,000 per occurrence. <br /> <br />4. <br /> <br />Fidelity bond covering CMl's employees who handle any Client monies in the amount of not less <br />than $500,000. <br /> <br />5. <br /> <br />During the life of the Agreement, CMI shall purchase and maintain insurance with coverages set <br />forth above with a 10-day notification cancellation from the insurance company going to the Client. <br /> <br />EMPLOYMENT PROVISION <br /> <br />That during the period of this Agreement, and for a period of one (1) year thereafter, CMI agrees not to solicit <br />for employment or employ,' any Client's employee contacted during the performance of this Agreement; and <br />Client agrees not to solicit for employment or employ during the period of this Agreement and for a period of <br />one (1) year thereafter any employee of CMI contacted by Client during the performance of this Agreement. A <br />penalty of 50% of the first year's salary of any employee of either CMI or Client solicited by either CMI or Client <br />shall be imposed. <br /> <br />CONFIDENTIALITY <br /> <br />CMI agrees to maintain the confidentiality of all information it obtains or gains access to by virtue of this <br />agreement, and shall disclose such information only to those persons who have a need to know the same in <br />relation to the performance of services hereunder. <br /> <br />EOE <br /> <br />Claims Management, Inc. is an equal opportunity employer and will not discriminate on the basis of race, <br />religion, sex, national origin, age or disability. <br /> <br />GOVERNING LAW <br /> <br />Redwood City 2004-2005\word\cnuìcontraclS\Jk <br /> <br />OS/24/05 <br /> <br />Page 5 of 6 <br /> <br />'r - <br />