Common use of Authority of Trustees Clause in Contracts

Authority of Trustees. The undersigned Employer acknowledges and agrees that all Trustees appointed under the Trust Agreement shall have all rights and powers described here under and as set forth in the Trust Agreement. Third Party Administrator – The undersigned Employer agrees that the Trust may select one or more service providers to act as a third-party administrator (“TPA”) for the Trust and/or the Welfare Benefits Plans, and that such service providers may be one or more of the Member Companies. Contributions – The undersigned Employer agrees to pay the contributions established by the Trust. The undersigned Employer further understands and agrees that benefits for employees shall not be provided by the Trust during any month for which contributions are not paid. Termination – This Adoption Agreement may be terminated by the undersigned Employer, which may withdraw from participation in the Trust by giving thirty (30) days written notice of intent to withdraw to the Trustees in accordance with the Trust Agreement. Such Member Company shall have the rights and duties specified therein. This Agreement may be terminated by the Trust, in the event that the undersigned Employer (a) shall fail or refuse to pay contributions due to the Trust in accordance with the Trust Agreement, or (b) shall be in breach of any of its other obligations under the Trust Agreement of this Adoption Agreement, which breach shall not have been cured within ten (10) days after the undersigned Employer receipt of written notice thereof. Indemnity – The undersigned Employer does hereby indemnify and hold harmless the Trustees and the Sponsor from any and all loss, damages or liability incurred in the course and scope of their respective duties as described in this Agreement, except those resulting from their gross negligence, willful misconduct or dishonesty. In the event that the Trustees or the Sponsor are made a party to any legal proceeding of any kind or nature arising out of their respective duties hereunder, directly or indirectly, the undersigned Employer agrees to indemnify and hold them harmless from any and all liability and expenses (including reasonable attorneys’ fees) resulting there from. Any damages assessed or expenses required to be paid or incurred by reason of this indemnification shall be borne equally by all Member Companies, unless it shall be determined that the damages, expenses or losses incurred result directly from the actions or inactions of a specific Member Company, its employees or producers. In such event, that specific Member Company shall be primarily responsible for payment, with other Member Companies being responsible only in the event of the specific Member Company’s inability by reason of financial insolvency to respond. Governing Law – This Agreement shall be construed and enforced in accordance with ERISA and, to the extent applicable, the laws of the State of Washington.

Appears in 7 contracts

Samples: Master Application and Agreement for Insurance Coverage, Master Application and Agreement for Insurance Coverage, Master Application and Agreement for Insurance Coverage

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Authority of Trustees. The undersigned Employer acknowledges and agrees that all Trustees appointed under the Trust Agreement shall have all rights and powers described here under and as set forth in the Trust Agreement. Third Party Administrator – The undersigned Employer agrees that the Trust may select one or more service providers to act as a third-third party administrator (“TPA”) for the Trust and/or the Welfare Benefits Plans, and that such service providers may be one or more a member of the Member CompaniesAZTC. Contributions – The undersigned Employer agrees to pay the contributions established by the Trust. The undersigned Employer further understands and agrees that benefits for employees shall not be provided by the Trust during any month for which contributions are not paid. Termination – This Adoption Agreement may be terminated by the undersigned Employer, which may withdraw from participation in the Trust by giving thirty (30) days written notice of intent to withdraw to the Trustees in accordance with the Trust terminate this Agreement. Such Member Company Employer shall have the rights and duties specified thereinin the Trust Agreement. This Agreement may be terminated by the Trust, in the event that the undersigned Employer (a) shall fail fails or refuse refuses to pay contributions due to the Trust in accordance with the Trust AgreementTrust, or (b) shall be in breach of any of its other obligations under the Trust Agreement of this Adoption Agreement, which breach shall not have been cured within ten (10) days after the undersigned Employer receipt of written notice thereof. Indemnity – The undersigned Employer does hereby indemnify and hold harmless the Trust, its Trustees and the Sponsor from any and all loss, damages or liability incurred in the course and scope of their respective duties as described in this Agreement, except those resulting from their gross the undersigned Employer’s negligence, willful misconduct misrepresentation, breach of contract or dishonesty. In the event that the Trust, its Trustees or the Sponsor are made a party to any legal proceeding arising from the undersigned Employer’s negligence, misrepresentation, breach of any kind contract or nature arising out of their respective duties hereunder, directly or indirectlydishonesty, the undersigned Employer agrees to indemnify and hold them harmless from any and all liability and expenses (including reasonable attorneys’ fees) resulting there from. Any damages assessed or expenses required to be paid or incurred by reason of this indemnification shall be borne equally by all Member Companies, unless it shall be determined that the damages, expenses or losses incurred result directly from the actions or inactions of a specific Member Company, its employees or producers. In such event, that specific Member Company shall be primarily responsible for payment, with other Member Companies being responsible only in the event of the specific Member Company’s inability by reason of financial insolvency to respondtherefrom. Governing Law – This Agreement shall be construed and enforced in accordance with ERISA and, to the extent applicable, the laws of the State of WashingtonArizona.

Appears in 2 contracts

Samples: Participation Agreement, Participation Agreement

Authority of Trustees. The undersigned Employer acknowledges and agrees that all Trustees appointed under the Trust Agreement shall have all rights and powers described here under and as set forth in the Trust Agreement. Third Party Administrator – The undersigned Employer agrees that the Trust may select one or more service providers to act as a third-party administrator (“TPA”) for the Trust and/or the Welfare Benefits Plans, and that such service providers may be one or more of the Member Companies. Contributions – The undersigned Employer agrees to pay the contributions established by the Trust. The undersigned Employer further understands and agrees that benefits for employees shall not be provided by the Trust during any month for which contributions are not paid. Termination – This Adoption Participation Agreement may be terminated by the undersigned Employer, which may withdraw from participation in the Trust by giving thirty (30) days written notice of intent to withdraw to the Trustees of its intent to withdraw, in accordance with the Trust Agreement. Such Member Company Employer shall have the rights and duties specified therein. This Agreement may be terminated by the Trust as provided in the Trust, in the event that including but not limited to, the undersigned Employer Employer’s (a) shall fail failure or refuse refusal to pay contributions due to the Trust in accordance with the Trust Agreement, (b) fraud or other intentional misrepresentation of material fact, or (b) shall be in breach of any of its other obligations under the Trust Agreement or of this Adoption Participation Agreement, which breach shall not have been cured within ten (10) days after the undersigned Employer Employer’s receipt of written notice thereof. Indemnity – The undersigned Employer does hereby indemnify and hold harmless the Trustees and the Sponsor from any and all loss, damages or liability incurred in the course and scope of their respective duties as described in this AgreementAgreement and the Trust, except those resulting from their the Trustee’s or Sponsor’s own gross negligence, willful misconduct or dishonesty. In the event that the Trustees or the Sponsor are made a party to any legal proceeding of any kind or nature arising out of their respective duties hereunder, directly or indirectly, the undersigned Employer agrees to indemnify and hold them harmless from any and all liability and expenses (including reasonable attorneys’ fees) resulting there from. Any damages assessed or expenses required to be paid or incurred by reason of this indemnification The indemnity provided hereunder shall be borne equally by joint and several with all Member Companies, unless it shall be determined that the damages, expenses or losses incurred result directly from the actions or inactions of a specific Member Company, its employees or producers. In such event, that specific Member Company shall be primarily responsible for payment, with other Member Companies being responsible only in the event of the specific Member Company’s inability by reason of financial insolvency to respondother Participating Employers under the Trust. Governing Law – This Agreement shall be construed and enforced in accordance with ERISA and, to the extent applicable, the laws of the State of WashingtonArizona.

Appears in 2 contracts

Samples: Participation Agreement, Participation Agreement

Authority of Trustees. The undersigned Employer acknowledges and agrees that all Trustees appointed under the Trust Agreement shall have all rights and powers described here under and as set forth in the Trust Agreement. Third Party Administrator – The undersigned Employer agrees that the Trust may select one or more service providers to act as a third-party administrator (“TPA”) for the Trust and/or the Welfare Benefits Plans, and that such service providers may be one or more a member of the Member CompaniesWTIA. Contributions – The undersigned Employer agrees to pay the contributions established by the Trust. The undersigned Employer further understands and agrees that benefits for employees shall not be provided by the Trust during any month for which contributions are not paid. Termination – This Adoption Agreement may be terminated by the undersigned Employer, which may withdraw from participation in the Trust by giving thirty (30) days written notice of intent to withdraw to the Trustees in accordance with the Trust terminate this Agreement. Such Member Company Employer shall have the rights and duties specified thereinin the Trust Agreement. This Agreement may be terminated by the Trust, in the event that the undersigned Employer (a) shall fail or refuse to pay contributions due to the Trust in accordance with the Trust AgreementTrust, or (b) shall be in breach of any of its other obligations under the Trust Agreement of this Adoption Agreement, which breach shall not have been cured within ten (10) days after the undersigned Employer receipt of written notice thereof. Indemnity – The undersigned Employer does hereby indemnify and hold harmless the Trust, its Trustees and the Sponsor from any and all loss, damages or liability incurred in the course and scope of their respective duties as described in this Agreement, except those resulting from their gross the undersigned Employer’s negligence, willful misconduct misrepresentation, breach of contract or dishonesty. In the event that the Trust, its Trustees or the Sponsor are made a party to any legal proceeding arising from the undersigned Employer’s negligence, misrepresentation, breach of any kind contract or nature arising out of their respective duties hereunder, directly or indirectlydishonesty, the undersigned Employer agrees to indemnify and hold them harmless from any and all liability and expenses (including reasonable attorneys’ fees) resulting there from. Any damages assessed or expenses required to be paid or incurred by reason of this indemnification shall be borne equally by all Member Companies, unless it shall be determined that the damages, expenses or losses incurred result directly from the actions or inactions of a specific Member Company, its employees or producers. In such event, that specific Member Company shall be primarily responsible for payment, with other Member Companies being responsible only in the event of the specific Member Company’s inability by reason of financial insolvency to respondtherefrom. Governing Law – This Agreement shall be construed and enforced in accordance with ERISA and, to the extent applicable, the laws of the State of Washington.

Appears in 2 contracts

Samples: Master Application and Agreement for Insurance Coverage, Master Application and Agreement for Insurance Coverage

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Authority of Trustees. The undersigned Employer acknowledges and agrees that all Trustees appointed under the Trust Agreement shall have all rights and powers described here under and as set forth in the Trust Agreement. Third Party Administrator – The undersigned Employer agrees that the Trust may select one or more service providers to act as a third-party administrator (“TPA”) for the Trust and/or the Welfare Benefits Plans, and that such service providers may be one or more of the Member Companies. Contributions – The undersigned Employer agrees to pay the contributions established by the Trust. The undersigned Employer further understands and agrees that benefits for employees shall not be provided by the Trust during any month for which contributions are not paid. Termination – This Adoption Agreement may be terminated by the undersigned Employer, which may withdraw from participation in the Trust by giving thirty (30) days written notice of intent to withdraw to the Trustees in accordance with the Trust Agreement. Such Member Company shall have the rights and duties specified therein. This Agreement may be terminated by the Trust, in the event that the undersigned Employer (a) shall fail or refuse to pay contributions due to the Trust in accordance with the Trust Agreement, or (b) shall be in breach of any of its other obligations under the Trust Agreement of this Adoption Agreement, which breach shall not have been cured within ten (10) days after the undersigned Employer receipt of written notice thereof. Indemnity – The undersigned Employer does hereby indemnify and hold harmless the Trustees and the Sponsor from any and all loss, damages or liability incurred in the course and scope of their respective duties as described in this Agreement, except those resulting from their gross negligence, willful misconduct or dishonesty. In the event that the Trustees or the Sponsor are made a party to any legal proceeding of any kind or nature arising out of their respective duties hereunder, directly or indirectly, the undersigned Employer agrees to indemnify and hold them harmless from any and all liability and expenses (including reasonable attorneys’ fees) resulting there from. Any damages assessed or expenses required to be paid or incurred by reason of this indemnification shall be borne equally by all Member Companies, unless it shall be determined that the damages, expenses or losses incurred result directly from the actions or inactions of a specific Member Company, its employees or producers. In such event, that specific Member Company shall be primarily responsible for payment, with other Member Companies being responsible only in the event of the specific Member Company’s inability by reason of financial insolvency to respond. Governing Law – This Agreement shall be construed and enforced in accordance with ERISA and, to the extent applicable, the laws of the State of Washington.specific

Appears in 1 contract

Samples: Master Application and Agreement for Insurance Coverage

Authority of Trustees. The undersigned Employer acknowledges and agrees that all Trustees appointed under the Trust Agreement shall have all rights and powers described here under and as set forth in the Trust Agreement. Third Party Administrator – The undersigned Employer agrees that the Trust may select one or more service providers to act as a third-party administrator (“TPA”) for the Trust and/or the Welfare Benefits Plans, and that such service providers may be one or more a member of the Member CompaniesWTIA. Contributions – The undersigned Employer agrees to pay the contributions established by the Trust. The undersigned Employer further understands and agrees that benefits for employees shall not be provided by the Trust during any month for which contributions are not paid. Termination – This Adoption Agreement may be terminated by the undersigned Employer, which may withdraw from participation in the Trust by giving thirty (30) days written notice of intent to withdraw to the Trustees in accordance with the Trust terminate this Agreement. Such Member Company Employer shall have the rights and duties specified thereinin the Trust Agreement. This Agreement may be terminated by the Trust, in the event that the undersigned Employer (a) shall fail or refuse to pay contributions due to the Trust in accordance with the Trust AgreementTrust, or (b) shall be in breach of any of its other obligations under the Trust Agreement of this Adoption Agreement, which breach shall not have been cured within ten (10) days after the undersigned Employer receipt of written notice thereof. Indemnity – The undersigned Employer does hereby indemnify and hold harmless the Trust, its Trustees and the Sponsor from any and all loss, damages or liability incurred in the course and scope of their respective duties as described in this Agreement, except those resulting from their gross the undersigned Employer's negligence, willful misconduct misrepresentation, breach of contract or dishonesty. In the event that the Trust, its Trustees or the Sponsor are made a party to any legal proceeding arising from the undersigned Employer's negligence, misrepresentation, breach of any kind contract or nature arising out of their respective duties hereunder, directly or indirectlydishonesty, the undersigned Employer agrees to indemnify and hold them harmless from any and all liability and expenses (including reasonable attorneys' fees) resulting there from. Any damages assessed or expenses required to be paid or incurred by reason of this indemnification shall be borne equally by all Member Companies, unless it shall be determined that the damages, expenses or losses incurred result directly from the actions or inactions of a specific Member Company, its employees or producers. In such event, that specific Member Company shall be primarily responsible for payment, with other Member Companies being responsible only in the event of the specific Member Company’s inability by reason of financial insolvency to respondtherefrom. Governing Law - This Agreement shall be construed and enforced in accordance with ERISA and, to the extent applicable, the laws of the State of Washington.. Group Signature Section Signature & Title of Employer Representative Date

Appears in 1 contract

Samples: Master Application and Agreement for Insurance Coverage

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