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DocuSign Envelope ID: FCD9FE56-CF01-4E96-B983-B8E8DFE6811C 4 <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 /> TRAVELERS J� <br /> 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 />