EFFECT OF WITHDRAWAL OR EXPULSION. Except as provided below, a Member who withdraws or is expelled from this Agreement and membership in the Authority, or from any Program of the Authority, shall not be entitled to the return of any payment to the Authority, or of any property contributed to the Authority. A Member that has withdrawn from a Program pursuant to Article 9 or that has been expelled from a Program pursuant to Article 10 shall be obligated for its prorata share of expenses incurred during the Member’s participation in any Program, including any expenses unavoidably incurred thereafter. The Authority will return any contribution made by the Member that exceeds the expenses allocated to that Member. In the event of termination of this Agreement, a withdrawn or expelled Member may share in the distribution of assets of the Authority to the extent provided in Article 12.
EFFECT OF WITHDRAWAL OR EXPULSION. 15.1 No withdrawn or expelled Member shall be entitled to any reimbursement of contributions or distribution or excess funds, including excess surplus funds contributed by Members, unless the Member was a Member for at least five consecutive years.
15.2 A withdrawn or expelled Member shall remain obligated for all amounts owing at the time of withdrawal or expulsion for the years during which the member was an active member of the Pool and for all amounts which thereafter become owing for such years pursuant to the Pool Agreement and any other Pool documents which are in effect at the time of withdrawal.
15.3 A withdrawn or expelled Member shall be considered a Member of the Pool for the purpose of payment of the Member’s claims and expenses related thereto which remain covered under the terms of coverage existing at the time of withdrawal. A withdrawn or expelled Member shall remain subject to all conditions of coverage and obligations of a Member which are in effect at the time of withdrawal. A withdrawn or expelled Member shall have no right to vote on any matter pending before the Pool membership.
15.4 No withdrawn or expelled Member may be adversely affected by any change in the Pool Agreement or other Pool documents adopted subsequent to the effective date of the Member’s withdrawal or expulsion.
15.5 Unless disapproved by an affected excess carrier or reinsurer, the Pool shall offer a withdrawing or expelled Member, no later than forty-five (45) days after the expulsion or Board’s receipt of the written notice of withdrawal, at least twenty-four (24) months extended reporting period on any claims-made coverage provided through the Pool, at a cost reasonably calculated by the Board and subject to any contracts existing at the time of withdrawal or expulsion.
EFFECT OF WITHDRAWAL OR EXPULSION. The withdrawal from or expulsion of any Member from this Agreement shall not be construed as a completion of the purpose of the Agreement, nor shall it terminate this Agreement. Any Member that withdraws or is expelled after the effective date of this Amended and Restated Agreement shall not be entitled to payment, return or refund of any Contribution, Assessment, consideration, or other property paid or donated by the Member to FRMS, or to any return of any loss reserve contribution, or to any distribution of assets. The withdrawal from or expulsion of any Member from any Coverage Program shall not terminate its responsibilities to pay its unpaid Contributions, adjustments, or Assessments to such Coverage Program. The Board of Directors shall determine the final amount due from the Member or Former Member by way of Contributions or Assessments, if any, or any credit due on account thereof, to the Member or Former Member for the period of its participation. Such determination shall not be made until all Claims or other unpaid liabilities of that Coverage Program have been finally resolved.
EFFECT OF WITHDRAWAL OR EXPULSION. The withdrawal or expulsion of any Member after the inception of its participation in any Coverage Program shall not terminate its responsibility to:
A. Cooperate fully with XXXX in determining the cause of the losses and in the defense or settlement of claims, as defined in the Memorandum of Coverage;
B. Pay any Assessments determined by the Board or Executive Committee to be due and payable for each Program Year in which it participated, as well as Assessments for continuing required services in subsequent years until all Program Years in which the Member participated have been closed;
C. Provide XXXX with such statistical and loss experience data and other information as may be necessary for XXXX to carry out the purposes of this Agreement; and
D. Cooperate with and assist XXXX, any insurer, claims adjuster or legal counsel retained by XXXX, in all matters relating to this Agreement.
EFFECT OF WITHDRAWAL OR EXPULSION. The withdrawal or expulsion of any member entity after the inception of its participation in the Authority or any pooled coverage program shall not terminate its responsibility:
EFFECT OF WITHDRAWAL OR EXPULSION. Any Participant that withdraws under Section 3.6 or is expelled under Section 3.7 will:
(a) remain a Signatory until the end of the Compliance Period for the Operating Year in which notice of withdrawal was delivered or the Participant expulsion decision was made under Exhibit G (to allow for completion of compliance activities for that Operating Year),
(b) be subject to Section 3.9, and
(c) be subject to surviving terms of this Agreement as provided in Section 3.11, but, as of the date on which notice of withdrawal is delivered or the Participant expulsion decision is made under Exhibit G, the Participant will:
(i) have no rights or obligations with respect to operation of the Western Frequency Response Sharing Group during any future Operating Year,
(ii) have the right to continue to attend meetings of the WFRSG Committee through the end of the Compliance Period for the Operating Year in which notice of withdrawal was delivered or the Participant expulsion decision was made under Exhibit G,
(iii) have no further right to vote on any matter thereafter acted on by the WFRSG Committee, and
(iv) be excluded when determining the results of a WFRSG Committee vote or whether a quorum of the WFRSG Committee has been established.
EFFECT OF WITHDRAWAL OR EXPULSION. On and as of the effective date of withdrawal or expulsion from the Company under the provisions of this Agreement, such former Member shall cease to have any Membership Interest, or other rights, status or privileges of a Member, but such former Member shall not be released or discharged from any of the obligations of a Member under the provisions of this Agreement, unless provided in the written consent of Members holding all of the outstanding Class A Membership Interests entitled to be voted.
EFFECT OF WITHDRAWAL OR EXPULSION. The withdrawal or expulsion of any Party after its inception in ACIP will not terminate its responsibility:
11.1 to cooperate fully with ACIP in determining the cause of losses and the settlement of claims as described in the Memoranda of Coverage;
11.2 to pay any retrospective premium adjustments and assessments determined by the Board to be due and payable for each year of participation;
11.3 to provide the Executive Director with such statistical and loss experience data as may be necessary for the Executive Director to carry out this Agreement; and
11.4 to cooperate with the Board and assist the Executive Director and any insurer, common claims adjuster or legal counsel retained by ACIP, in all matters relating to this Agreement.
11.5 to pay all expenses of claims administration, administrative expense and other costs incurred in administering claims run off or the purchase of tail coverage; and
11.6 to pay any other expenses incurred by ACIP due to reductions in force or other employee or contract expenses incurred by the departure of the particular Party and particular to that Party.
EFFECT OF WITHDRAWAL OR EXPULSION. The withdrawal or expulsion of any municipality from this Agreement shall not terminate this Agreement; however, a municipality by withdrawing or upon expulsion shall be entitled to a distribution of assets as set forth at paragraph 21 of this Agreement.
EFFECT OF WITHDRAWAL OR EXPULSION
