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POOl. or any of its authorized agents as soon as
<br />pracllcable.
<br />2. If claim is made or suit is brought against the
<br />~rOfCc~ed party. th e protected p31'( sha ll
<br />Inll!1cdmtely forward to the .Pool every demand
<br />~o!lce. s umm ~ns or other process received by it o r
<br />Its repl'eselllative .
<br />3. The membcl' count shaH ha c the right to
<br />~aive the ~ov~~Hge afforded by thi s ML 's self-
<br />IIlI>~rall~e habl.lily co~(e rage a 10 an): parli cula.r
<br />clll~1l] or lawsUI t; provided , howcver, that any such
<br />W:lIVCi' muSt
<br />a. occur after the particular claim or lawsuit
<br />is received by the Pool; and
<br />b. be in a writing signed by the member
<br />county's legislative authority on a form
<br />which:
<br />(I) s,hal.1 ~onta~n.a complete release of any
<br />hability anslng out of or relating to
<br />the underlying claim or lawsuit on the
<br />part of the Pool, its directors and
<br />officers, employees, agents,
<br />attorneys, successors, or any other
<br />person serving on behalf the Pool,
<br />other member counties, or any
<br />reinsurer of the Pool; and
<br />(2) shall contain provisions in which the
<br />member county holds harmless,
<br />d~fends and indemnifies the Pool, its
<br />directors and officers, employees,
<br />agents, attorneys, successors, or any
<br />other person serving on behalf the
<br />Pool, other member counties, or any
<br />reinsurer of the Pool from any and all
<br />claims, demands, losses, and
<br />liabilities to or by third parties arising
<br />from, or connected with the
<br />underlying claim or lawsuit.
<br />Until such time as the coverage for a particular
<br />claim or lawsuit is waived under this Section
<br />expenses and costs incurred associated with that
<br />claim or lawsuit shall be paid by the Pool in
<br />accordance with the terms and conditions of the
<br />applicable MLC.
<br />4. The protected party shall cooperate with the
<br />Pool in all respects, including, upon the Pool's
<br />request, in the appointment ofthe Pool's designated
<br />defense co~nsel, assisting in the making of
<br />settlements, m the conduct of suits and in enforcing
<br />any right of con!rib~tion or indemnity against any
<br />person or orgamzatlOn who may be liable to the
<br />protected party because of injury or damage with
<br />respect to which liability coverage is afforded under
<br />this MLC; and the protected party shall attend
<br />he~rings and trials. a!1d assist in securing and giving
<br />eVidence and obtammg the attendance of witnesses.
<br />The protected par t y shall not, except at its own
<br />cost, voluntarily make
<br />any payment, assume any obligation or incur any
<br />expense other than for first aid to others at the time
<br />of an occurrence of bodily injury.
<br />5. It is a condition of coverage under this MLC
<br />that any person or organization which is defined as
<br />a protected party under Section 2 of this MLC be
<br />acting or in good faith purporting to act within the
<br />scope of their official duties for the member
<br />county or on its behalf at the time of the
<br />occurrence.
<br />6. If a memb,er ~ounty denies the request of a
<br />person or organizatIOn made pursuant to RCW
<br />4,96.041 and does not authorize defense at the
<br />expense of the member county or approval of
<br />payment of any related monetary judgment, the
<br />!"em~, r cou,nty hall ~mmediately advise the Pool
<br />111. wntu1.g of Its determ ination. I fthe P-oo l disagrees
<br />With the member county's determination the
<br />member county at its own expense shall defe~d the
<br />member county's determination and pay all sums
<br />of monetary damages, including any attorney fees
<br />an~ costs awarded to such person or organization,
<br />whICh the member county may become obligated
<br />to pay by reason of liability imposed by law for the
<br />denial.
<br />C. Action Against Pool: No action shall lie against the
<br />Pool unless, as a condition precedent thereto, there shall
<br />have been full compliance with all of the terms of this
<br />MLC, the Interlocal Agreement creating the Pool and
<br />the Membership Compact, the Pool's Bylaws and the Po~I's Claims Handling Policies and Proced'ures, nor
<br />until the amount of the protected party's obligation to
<br />pay shall h~ve been finally determined either by
<br />Judgment agall1st the protected party after actual trial
<br />or .by written agreement of the protected party, the
<br />claimant and the Pool.
<br />Any person or organization or the legal representative
<br />thereof who has secured such judgment or written
<br />agreement shall thereafter be entitled to recover under
<br />this t-.:tLC to the extent of the liability coverage afforded
<br />b.y thiS MLC. No person or organization shall have any
<br />nght u!1der t~is MLC to join the Pool as a party to
<br />any actIOn agamst the protected party to determine the
<br />protected party's liability, nor shall the Pool be
<br />impleaded by the protected party or its legal
<br />representative. Bankruptcy or insolvency of the
<br />protec.ted party or of the protected party's estate shall
<br />not relIeve the Pool of any of its obligations hereunder.
<br />D. Other Liability Coverage: The liability coverage
<br />aff?rded by this M~C is ~econdary to and excess of any
<br />valId and collectible Insurance or other liability
<br />coverage which is available to the protected party.
<br />~h~~ both this MLC and other joint self-insurance
<br />lIability coverage apply to the loss on the same basis
<br />unless a prior agreement between the two or mor~
<br />member entities subject to the joint self-insurance
<br />programs provides otherwise, the Pool shall not be liable
<br />under this MLC for a greater proportion of the loss than
<br />would be payable if each joint self-insurer
<br />MEMORANDUM OF LIABILITY COVERAGE 1 DID 1/2016-1 DID 1/2017
<br />For the WASHINGTON COUNTIES RISK POOL JOINT SELF-INSURANCE LIABILITY PROGRAM - 9
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