2001-043-RES AUTHORIZING EXECUTION OF GROUP BENEFITS SERVICES AGREEMENT

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d. You agree to remit any premium for stop loss, life or other insured contracts by the twentieth (20th) of each month and understand we do not advance premiums in your behalf. e. You agree that if we or any of our agents or employees are subject to any fine, penalty, loss, damage, cost, expense or legal fee because of our administration of the Plan in good faith according to the terms of the Plan document, you will payor reimburse us for any such fine, penalty, loss, damage, cost, expense or legal fee. In the event current revenues are inadequate to fund the obligation at the time it is determined, you agree to take the appropriate budgetary action sufficient to pay the obligation. f. You agree to pay us a monthly service charge determined by multiplying the Monthly Service Charge shown in the Schedule of this Agreement by the number of employees covered under the Plan as of the first day of each calendar month commencing on the Effective Date of this Agreement. Payment shall be due as of the first day of each calendar month and shall be payable no later than the thirtieth (30th) of the month or the last day of the month. g. You agree to act on all benefit appeals in accordance with the provisions outlined by the Plan. h. You agree that if a payment is made to or on behalf of an ineligible person or if an overpayment is made to a covered person, the Group Benefits Administrator shall attempt, with full cooperation and assistance of the Employer, to recover such payment through reimbursement or from future benefits that become due to such person or entity. The Group Benefits Administrator shall not be responsible for any such payment or overpayment unless it was due to gross negligence of the Group Benefits Administrator. 1. You agree to become a member of the TML Intergovernmental Employee Benefits Pool and to be bound by the terms of the TML Intergovernmental Employee Benefits Pool Interlocal Agreement. Where there are conflicts between this agreement and the Interlocal Agreement, the terms of this Agreement control. III. DURATION OF AGREEMENT This agreement shall take effect on the effective date and shall automatically be renewed for a successive twelve (12) month period unless terminated by either party as set forth in Section IV. Modification of the agreement is acceptable as outlined in Section V. IV. TERMINATION OF AGREEMENT a. You can terminate this Agreement by giving us written notice of your intent to do so, at least 31 days prior to the termination date. b. We can terminate this Agreement: (i) immediately, by written notice to you, if you fail to maintain the bank account required by the Plan, fail to pay our charges when due, or in any other way fail to perform your duties under the Agreement; (ii) 31 days after giving you written notice of our intent to do so. c. You agree to pay us for any outstanding charges by the last day of the month of your receipt of our bill. If you do not pay such charges by the end of the month, you will also pay us for any attorney's fees or other collection fees we incur, plus the maximum interest allowed by law. d. We will have no further obligation to process claims after this Agreement terminates.