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Version 11.09.20 Program Agreement - Orange County Page 2 <br />CA Form - WC 99 06 Q6 (B) <br />© (2019) The Travelers Indemnity Company. All rights reserved. <br />referenced in the Program Exhibit(s) and, with respect to workers compensation insurance, who are <br />employers referenced in Item 1. of the Information Pages of the workers compensation Policies, and <br />each of its predecessors and successors, and includes those affiliates, divisions, and subsidiaries who <br />are or were named as the principal on any surety bonds identified in the Program Exhibit(s). <br />“Maximum Billed Losses” is the most we will charge and the most you will pay for losses listed in the <br />applicable Program Exhibit, and is, subject to the formula listed in the applicable Program Exhibit. <br />Claim Handling Charges, premium tax, surcharges and assessments associated with these losses are <br />not part of the Maximum Billed Losses and will continue to be billed and payable until the Maximum <br />Billed Losses amount is reached. <br />“Minimum Billed Amount” is the least we will charge you for the Policies in a Program Term, subject <br />to the formula listed in the applicable Program Exhibit. <br />“Obligations” means any indebtedness or liability of any kind owed or owing by you to us, whether <br />direct or indirect, joint or several, now existing or hereafter arising in connection with this <br />Agreement, the Policies, any past agreement letters or past or future insurance program agreements, <br />surety bonds, any agreements incorporated herein by reference, and any other similar agreements, <br />including, but not limited to, any indemnity or self-funded retention agreements between you and <br />United States Fidelity and Guaranty Company, Discover Property & Casualty Insurance Company or <br />any of our other affiliates, including, but not limited to, attorneys’ fees incurred by us in enforcing <br />your Obligations. <br />“Plan Adjustment” means the periodic valuation of your Obligations pursuant to the terms set forth in <br />the Payment Schedule of the applicable Program Exhibit. <br />“Plan Losses” means all losses actually paid within the Amounts Retained By You layer applicable to a <br />Policy. The Amounts Retained By You section of the applicable Program Exhibit denotes whether <br />Allocated Loss Adjustment Expense or Defense Expenses are included in or are in addition to Plan <br />Losses. <br /> “Policy(ies)” means the insurance policies listed in the applicable Program Exhibit(s). <br />“We”, “our” and “us” means Travelers and all if its property casualty insurance and service <br />subsidiaries and affiliates, but only to the extent such companies have issued Policies or are <br />performing services for you under this Agreement. <br />B. PAYMENT <br />You agree to pay all your Obligations when due according to all applicable Program Exhibits. This <br />Payment Section sets forth the manner in which certain of your Obligations will be paid. All the dates <br />and frequencies referenced herein are set forth in the applicable Program Exhibit(s). <br />1.Rating Plan Obligations, Taxes, Surcharges and Assessments. The estimated rating plan <br />obligations, taxes, surcharges and assessments are set forth in the applicable Program Exhibit. <br />We will credit to you any overpayment of these charges as may be subsequently determined <br />by audit and/or other adjustment as provided for in this Agreement, the Policies or applicable <br />DocuSign Envelope ID: FCD9FE56-CF01-4E96-B983-B8E8DFE6811C