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5 <br />accordance with the Payment Policy adopted by the Board of Trustees. In the event of <br />termination of this Agreement, the Member remains responsible for any contributions payable up <br />to and including the date of termination. <br />6. All claims for employees and authorized individuals are required to be timely reported to the <br />Claims Administrator. Failure to do so may result in the claim not being reimbursed. Group <br />Benefits claims submitted later than twelve (12) months following the date of termination shall <br />not be paid. <br />7. The Member shall cooperate with the Risk Pool concerning settlement efforts, litigation or <br />anticipated litigation of any claim. If a claim is made, a lawsuit is filed or court notices are <br />received by a Member or its representative that may fall within the scope of Risk Pool coverage, <br />the Member shall immediately forward to the Risk Pool every document received. Pursuant to <br />the Risk Pool's request and payment by the Risk Pool of reasonable expenses, the Member <br />shall attend hearings, trials and other proceedings if requested and will assist in effecting <br />settlements, in securing and providing evidence, in attaining the attendance of witnesses and in <br />fully cooperating with the Risk Pool and its designee with regard to the defense of the claim. <br />8. No Member shall make voluntary and direct payment of a claim or a claims- related expense <br />without the prior approval of the Board of Trustees or its designee. Any Member making a <br />voluntary payment or entering into an agreement to pay without approval will be responsible for <br />the claim and any expenses paid or committed, including the cost of a legal defense. <br />9. The Risk Pool may use and disclose the Personal Health Information of individuals subject to <br />this coverage only in compliance with the HIPAA Privacy Rule and other applicable provisions. <br />10. This Agreement and coverage with Pool(s) may be canceled by the Risk Pool on the renewal <br />date after providing written notice by certified mail, return receipt requested, to the Member at <br />least sixty (60) days prior to the renewal date. The Risk Pool may also cancel this Agreement <br />and/or the coverage provided at any time pursuant to the following: (a) after giving ten (10) days <br />written notice to the Member in accordance with the terms of the Payment Policy adopted by the <br />Board of Trustees; (b) if the Member reorganizes or dissolves; or (c) if the Member fails to <br />initiate and administer any reasonable loss prevention recommendation submitted by the Risk <br />Pool to the Member. <br />11. The Member may cancel this Agreement or membership in an individual Pool without penalty on <br />the renewal date of coverage if it provides written, advance notice to the Risk Pool at least sixty <br />(60) days prior to the coverage renewal date. If notice of termination to the Risk Pool is provided <br />less than sixty (60) days before the Member's renewal date, but prior to the renewal effective <br />date, ten percent (10 %) of the annual estimated renewal contribution must be paid by the <br />Member. If notice to the Risk Pool is provided after the renewal date, the total annual estimated <br />renewal contribution must be paid by the Member. The Member may file an Appeal with the <br />Board of Trustees, pursuant to Paragraph 12 of this Article, requesting that this Agreement be <br />terminated as to Group Benefits Pool membership at a time other than the renewal date when a <br />substantive amendment or modification to the Group Benefits coverage is instituted. <br />12. The Member shall have the right to file an Appeal concerning any action taken or decision made <br />by the Risk Pool in accordance with the Appeals Procedures adopted by the Risk Pool, by <br />requesting review by the Risk Pool's Board of Trustees, whose decision will be final. Any Appeal <br />Interlocal Agreement Page 3 of 6 <br />Amended December 2009 <br />