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BICEP 2-1988
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BICEP 2-1988
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Last modified
1/3/2012 3:17:55 PM
Creation date
1/12/2004 3:43:46 PM
Metadata
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Template:
Contracts
Company Name
Big Independent Cities Excess Pool Joint Powers Authority
Contract #
A-1988-090B
Agency
Personnel Services
Council Approval Date
9/19/1988
Insurance Exp Date
7/1/2016
Notes
Liability Risk Coverage Agreement; Amended by A-1988-090C and A-1988-090B-3
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1 <br /> <br /> 3 <br /> <br /> 5 <br /> <br /> 7 <br /> <br /> 9 <br /> <br />11 <br /> <br />13 <br /> <br />15 <br /> <br />17 <br /> <br />19 <br /> <br />21 <br /> <br />23 <br /> <br />25 <br /> <br />27 <br /> <br />29 <br /> <br />31 <br /> <br />33 <br /> <br />35 <br /> <br />37 <br /> <br />39 <br /> <br />41 <br /> <br />43 <br /> <br />45 <br /> <br />47 <br /> <br />49 <br /> <br />expulsion to the Participant; no such expulsion shall be <br />effected either by operation of law or acts of the parties <br />hereto, except only in the manner herein expressly provided; <br />and no such expulsion shall terminate the obligation of the <br />expelled Participant to pay Pure Premium Adjustment relating to <br />Coverage Periods prior to such expulsion. <br /> <br /> SECTION 10.3 No Remedy Exclusive. No remedy conferred <br />herein upon or reserved to the Authority is intended to be <br />exclusive and every such remedy shall be cumulative and shall <br />be in addition to every other remedy given under this Agreement <br />or now or hereafter existing at law or in equity, including, <br />but not limited to the right of any Owner by mandamus or other <br />suit or proceeding at law or in equity to enforce his rights <br />against the Participant and to compel the Participant to <br />perform and carry out its duties under this Agreement, subject <br />to Section 13.08-of the Indenture. No delay or omission to <br />exercise any right or power accruing upon any default shall <br />impair any such right or power or shall be construed to be a <br />waiver thereof, but any such right and power may be exercised <br />from time to time and as often as may be deemed expedient. In <br />order to entitle the Authority to exercise any remedy reserved <br />to it in this Article it shall not be necessary to give any <br />notice, other than such notice as may be required in this <br />Article or by law. <br /> <br /> SECTION 10.4 Aqreement to Pay Attorneys' Fees and <br />Expenses. In the event any party to this Agreement should <br />default under any of the provisions hereof and the <br />nondefaulting parties should employ attorneys or incur other <br />expenses for the collection of moneys or the enforcement of <br />performance or observance of any obligation or agreement on the <br />part of the defaulting party contained her.ein, the defaulting <br />party agrees that it will on demand therefor pay to the <br />nondefaulting parties the reasonable fees of such attorneys and <br />such other expenses so incurred by the nondefaulting parties <br />awarded to the nondefaulting parties by a court of competent <br />jurisdiction. <br /> <br /> SECTION 10.5 No Additional Waiver Implied by One Waiver. <br />In the event any agreement contained in this Agreement should <br />be breached by any party and thereafter waived by the other <br />parties, such waiver shall be limited to the particular breach <br />so waived and shall not b~ a waiver of any other breach <br />hereunder. <br /> <br /> SECTION 10.6 Trustee and Owners to Exercise Riqhts. <br />Certain of the rights and remedies given to the Authority under~ <br />this Article X have been assigned by the Authority to the <br /> <br /> 40 <br />2658002/2 <br /> <br /> <br />
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