2022-252-E-County Mgr-Travelers Insurance-Work comp coverage

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Version 11.09.20 Program Agreement - Orange County Page 7 CA Form - WC 99 06 Q6 (B) © (2019) The Travelers Indemnity Company. All rights reserved. Procedures, including the Expedited Procedures therein if agreed to by the Parties, or, for matters where claimant’s demand is less than $250,000, the JAMS Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. b. Neither Party shall submit to arbitration (i) any coverage disputes which arise under or in connection with claims or suits brought against the Policies; (ii) claims by or against you and other Travelers policyholders with respect to other insurance programs with us; (iii) claims by or against you and other policyholders of any other commercial lines property casualty insurer(s), including but not limited to any claim under (ii) or (iii) which you purport to arbitrate as a representative or member of a class or as a private attorney general; (iv) any matter seeking to restrict our right to draw upon the Collateral or which would have the effect of restricting our right to draw upon the Collateral; (v) any matter by us pursuant to subsection 7(e) of Collateral and Remedies Section of this Agreement. In addition, in the context in the Workers’ Compensation coverage, neither Party shall submit to arbitration any dispute, the resolution of which has been committed to or the resolution of which is within, the exclusive jurisdiction of any state or federal governmental entity. c. The arbitrator or Arbitration Panel has no authority, and is not empowered, to consolidate or direct class-action arbitration as to any disputes between the Parties to this Agreement with other disputes between us and any other of our policyholders or other third parties. Nor shall the arbitrator(s) have authority or be empowered to consolidate or direct disputes brought by you as a private attorney general. Any determination by the arbitrator(s) to so consolidate or direct class-action arbitration or to consolidate or direct disputes brought by you as a private attorney general shall be beyond the arbitrator’s authority and jurisdiction and shall be void. d. The arbitrator or Arbitration Panel shall have authority to award pre-judgment interest, post-judgment interest, interim relief, pre-hearing security, and summary judgment. The arbitrator or Arbitration Panel is not empowered to award punitive or exemplary damages, and the Parties waive any right to recovery of such damages in arbitration. e. Each arbitrator shall be a disinterested, active or retired: (i) judge; (ii) executive officer of a property-casualty insurance company admitted or otherwise authorized to transact business in the United States; or (iii) executive officer of a property-casualty broker licensed in the United States. All arbitrators shall serve as neutral, independent and impartial arbitrators. f. Within 15 days after the commencement of arbitration, each Party shall select one person to act as arbitrator, and the two so selected shall select a third arbitrator within 30 days of the commencement of the arbitration. If the arbitrators selected by the Parties are unable or fail to agree upon the third arbitrator within the allotted time, the third arbitrator shall be appointed by JAMS in accordance with its rules. g. The Parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on its merits, or except as may be necessary in DocuSign Envelope ID: FCD9FE56-CF01-4E96-B983-B8E8DFE6811C