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Res 1988-081
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Res 1988-081
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8/9/2007 11:23:46 AM
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8/9/2007 11:23:45 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1988-81
Date
7/25/1988
Volume Book
91
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<br />D. <br /> <br />E. <br /> <br />-7- <br /> <br />In the event of termination of this Agreement, the Administrator <br />shall complete the processing of all requests for benefit payments <br />under the Plan which have been received by it as of the date of <br />termination and are due and payable prior to termination of this <br />Agreement, but it shall have no obligation: <br /> <br />1. <br /> <br />to complete the processing of any such requests upon its <br />determination that the Employer has failed to provide funds <br />for benefit payments; <br /> <br />2. <br /> <br />to process requests for benefit payments presented to it <br />after the date of termination of this Agreement; or <br /> <br />3. <br /> <br />to issue benefit checks after the termination date for <br />requests for benefit payments relative to conditions existing <br />on or after such date. <br /> <br />The Employer shall be liable for all benefit checks issued by the <br />Administrator in the performance of this Agreement. All benefit <br />checks issued by the Administrator which are outstanding upon the <br />termination of the Agreement or issued thereafter in accordance <br />with the immediately preceding paragraph will continue to be the <br />ultimate responsibility and liability of the Employer. <br /> <br />SECTION ll--MISCELLANEOUS <br /> <br />In the event of litigation between the parties hereto which arises out <br />of the contractual relationship created hereunder, the prevailing party <br />shall be entitled to recover reasonable attorneys' fees and other costs <br />of litigation in addition to any other remedies which may be available, <br />both legal and equitable. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement by <br />their respective officers duly authorized to do so. <br /> <br />CITY OF SAN MARCOS <br /> <br />BY:) <br /> <br />Title <br /> <br /> <br />ATTEST <br /> <br /> <br /> <br />;#~;~<£ <br />iitle <br /> <br />W!Sed <br />BY: . ~ (_û~c <br /> <br />.' '~(' e..~'\:'\~"} \\\~ <br />Titre <br />~ \~ G \'ì2, <br />V" \ ".~ <br /> <br />Date \ \ <br />
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