Res 1988-081 - Laserfiche WebLink

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F. G. -5- B. The Administrator shall not be considered the insurer or underwriter of the liability of the Employer to provide benefits for the Plan I s Covered Persons and the Employer shall have the final responsibility and liability for payment of claims in accordance with the provisions of the Plan. All review of denied benefits and final benefit decisions will be the responsibility of the Employer. The Employer shall be responsible for all expenses of the operation of the Plan, except as provided under this Agreement. C. The Administrator shall use ordinary care and diligence in the exercise of its powers and the performance of its duties as Administrator hereunder, but shall only be liable to the extent of its own negligence was a producing cause of damage or loss. D. The Employer agrees to indemnify and hold the Administrator and its officers, directors, and employees harmless against any and all loss, damage, and expense including court costs and attorney's fees, resulting from and arising out of claims, demands or litigation brought against the Administrator to recover claim payments or denial of benefits under the Plan when the Administrator acted in accordance with the terms of the Plan and this Agreement or the instructions of the Employer. The Administrator reserves the right to seek the services of persons or firms having special knowledge or facilities in performing its duties under this Agreement. Charges for such services will be the responsibility of the Administrator, unless prior agreement is made with the Employer. E. The Employer shall designate legal counsel for any legal action on a claim for benefits. The defense of any legal action on a claim for benefits shall not be the obligation of the Administrator. The Administrator shall consult with the Employer or, its designated legal counsel designated by the Employer when legal or extraordinary benefit matters seem to be involved, notice of which shall be given to the Employer or its legal counsel immediately upon the happening of such events. The administrator shall cooperate with the legal counsel designated by the Employer in the event of any litigation. The Administrator shall not be bound by any notice, direction, requisition or request unless and until it shall have been received in writing in Austin, Texas. Notices or communications from the Administrator to the Employer shall be addressed to the Employer in care of its Risk, Benefits, Safety Manager and shall be sent by mail or telegraph to the Employer. Notices are deemed received after they have been properly placed in the United States mail. SECTION 6--DURATION OF AGREEMENT This agreement shall take effect on the Effective Date and terminate twelve (12) months hence (this period being the first Agreement period). This Agreement shall automatically be renewed for successive twelve (12) month periods (subsequent Agreement periods) unless