Common use of Terms of Membership Clause in Contracts

Terms of Membership. (a) Each original VESTED MEMBER of the POOL committed to remain a MEMBER for three years, until December 31, 1994. Thereafter, the MEMBERS agreed to continue the POOL for three successive three-year terms (each such three-year period hereunder, a “TERM”). In 2003, the MEMBERS agreed to continue the POOL for successive three-year TERMS indefinitely. (b) The MEMBERS intend that the POOL shall continue in effect indefinitely, for succeeding three-year TERMS, subject to the continual election of MEMBERS to remain participants in the POOL as provided below. (c) On or before October 1, of the last year of the current TERM (the “ELECTION”), each MEMBER of the POOL shall indicate in writing to the BOARD whether or not it intends to continue its participation beyond the current TERM. At least two MEMBERS must elect to continue their participation for the POOL to continue. If less than two MEMBERS elect to continue, the POOL shall terminate effective as of 11:59 p.m., local Columbus, Ohio time, on December 31 of the last year of the current TERM, and the BOARD shall be responsible for winding up and dissolving the affairs of the POOL. (d) If MEMBERS representing more than one-third (1/3) of the employees and officers of MEMBERS insured by the POOL elect to leave the POOL at the ELECTION, the remaining MEMBERS shall be given another opportunity to indicate in writing whether they desire to continue in the POOL (the “SECOND ELECTION”). The SECOND ELECTION shall be made by each remaining MEMBER on or before November 1, and at least two MEMBERS must elect to continue their participation for the POOL to continue. If less than two MEMBERS elect to continue, the POOL shall terminate effective as of 11:59 p.m., local Columbus, Ohio time, on December 31 of the last year of the current TERM, and the BOARD shall be responsible for winding up and dissolving the affairs of the POOL. (e) If two or more MEMBERS elect to continue, either at the ELECTION or SECOND ELECTION, all such MEMBERS shall be required to participate for another three-year TERM; provided, however, that any such continuing MEMBER may voluntarily withdraw at the end of any year within that subsequent TERM upon compliance with the withdrawal provisions of Section 8.01 herein. The rights of MEMBERS to share in the SURPLUS FUNDS of the POOL upon withdrawal are governed by Section 8.01 hereof.

Appears in 2 contracts

Samples: Joint Self Insurance Agreement, Joint Self Insurance Agreement

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Terms of Membership. (a) Each original VESTED FOUNDING MEMBER of the POOL previously committed to remain a MEMBER for three (3) years, until December 31, 1994. Thereafter, the MEMBERS agreed to continue the POOL for three successive three3-year terms (each such three-3- year period hereunder, a “TERM”). In 2003, the MEMBERS members agreed to continue the POOL pool for successive three-three (3) year TERMS terms indefinitely. (b) The MEMBERS intend that the POOL shall continue in effect indefinitely, for succeeding three-year TERMS, subject to the continual election of MEMBERS to remain participants in the POOL as provided below. (c) On or before October 1, of the last year of the current TERM (the “ELECTION”), each MEMBER of the POOL shall indicate in writing to the BOARD whether or not it intends to continue its participation beyond the current TERM. At least two MEMBERS must elect to continue their participation for the POOL to continue. If less than two MEMBERS elect to continue, the POOL shall terminate effective as of 11:59 p.m., local Columbus, Ohio time, on December 31 of the last year of the current TERM, and the BOARD shall be responsible for winding up and dissolving the affairs of the POOL. (d) If MEMBERS representing more than one-third (1/3) of the employees and officers of MEMBERS insured by the POOL elect to leave the POOL at the ELECTION, the remaining MEMBERS shall be given another opportunity to indicate in writing whether they desire to continue in the POOL (the “SECOND ELECTION”). The SECOND ELECTION shall be made by each remaining MEMBER on or before November 1, and at least two MEMBERS must elect to continue their participation for the POOL to continue. If less than two MEMBERS elect to continue, the POOL shall terminate effective as of 11:59 p.m., local Columbus, Ohio time, on December 31 of the last year of the current TERM, and the BOARD shall be responsible for winding up and dissolving the affairs of the POOL. (e) If two or more MEMBERS elect to continue, either at the ELECTION or SECOND ELECTION, all such MEMBERS shall be required to participate for another three-three (3) year TERM; provided, however, that any such continuing MEMBER may voluntarily withdraw at the end of any year within that subsequent TERM term upon compliance with the withdrawal provisions of Section 8.01 herein. The rights of MEMBERS to share in the SURPLUS surplus FUNDS of the POOL upon withdrawal are governed by Section 8.01 hereof.

Appears in 1 contract

Samples: Joint Self Insurance Agreement

Terms of Membership. (a) Each original VESTED MEMBER of the POOL committed to remain a MEMBER for three years, until December 31, 1994. Thereafter, the MEMBERS agreed to continue the POOL for three successive three-year terms (each such three-year period hereunder, a “TERM”). In 2003, the MEMBERS agreed to continue the POOL for successive three-year TERMS indefinitely. (b) The MEMBERS intend that the POOL shall continue in effect indefinitely, indefinitely for succeeding three-year TERMS, subject to the continual election of MEMBERS to remain participants in the POOL as provided below. (c) On or before October 1, of the last year of the current TERM (the “ELECTION”)TERM, each MEMBER of the POOL shall indicate in writing to the BOARD whether or not it intends to continue its participation beyond the current TERMTERM (the “ELECTION”). At least two MEMBERS must elect to continue their participation for the POOL to continue. If less than two MEMBERS elect to continue, the POOL shall terminate effective as of 11:59 p.m., local Columbus, Ohio time, on December 31 of the last year of the current TERM, and the BOARD shall be responsible for winding up and dissolving the affairs of the POOL. (d) If If, at the ELECTION, MEMBERS representing more than one-third (1/3) of the total number of employees and officers of MEMBERS insured by the POOL elect at the time of the ELECTION opt to leave the POOL at the ELECTIONend of the applicable TERM, the remaining MEMBERS who initially elected to continue their participation in the POOL shall be given another opportunity to indicate in writing whether they desire to continue in the POOL beyond the current TERM (the “SECOND ELECTION”). The SECOND ELECTION shall be made by each remaining MEMBER on or before November 1, and at least two MEMBERS must elect during the SECOND ELECTION to continue their participation beyond the current TERM in order for the POOL to continue. If less than two MEMBERS elect during the SECOND ELECTION to continue, the POOL shall terminate effective as of 11:59 p.m., local Columbus, Ohio time, on December 31 of the last year of the current TERM, and the BOARD shall be responsible for winding up and dissolving the affairs of the POOL. (e) If two or more MEMBERS elect to continue, either at the ELECTION or SECOND ELECTION, all such MEMBERS shall be required to participate for another three-year TERM; provided, however, that any such continuing MEMBER may voluntarily withdraw at the end of any year within that subsequent TERM upon compliance with the withdrawal provisions of Section 8.01 herein. The rights of MEMBERS to share in the SURPLUS FUNDS of the POOL upon withdrawal are governed by Section 8.01 hereof.

Appears in 1 contract

Samples: Joint Self Insurance Agreement

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Terms of Membership. (a) Each original VESTED MEMBER of the POOL committed to remain a MEMBER for three years, until December 31, 1994. Thereafter, the MEMBERS agreed to continue the POOL for three successive three-year terms (each such three-year period hereunder, a “TERM”). In 2003, the MEMBERS agreed to continue the POOL for successive three-year TERMS indefinitely. (b) The MEMBERS intend that the POOL shall continue in effect indefinitely, for succeeding three-year TERMS, subject to the continual election of MEMBERS to remain participants in the POOL as provided below. (c) On or before October 1, of the last year of the current TERM (the “ELECTION”), each MEMBER of the POOL shall indicate in writing to the BOARD whether or not it intends to continue its participation beyond the current TERMTERM (the “ELECTION”). At least two MEMBERS must elect to continue their participation for the POOL to continue. If less than two MEMBERS elect to continue, the POOL shall terminate effective as of 11:59 p.m., local Columbus, Ohio time, on December 31 of the last year of the current TERM, and the BOARD shall be responsible for winding up and dissolving the affairs of the POOL. (d) If If, at the ELECTION, MEMBERS representing more than one-third (1/3) of the total number of employees and officers of MEMBERS insured by the POOL at the time of the ELECTION elect opt to leave the POOL at the end of the applicable TERM at the ELECTION, the remaining MEMBERS who initially elected to continue their participation in the POOL shall be given another opportunity to indicate in writing whether they desire to continue in the POOL beyond the current TERM (the “SECOND ELECTION”). The SECOND ELECTION shall be made by each remaining MEMBER on or before November 1, and at least two MEMBERS must elect during the SECOND ELECTION to continue their participation beyond the current TERM in order for the POOL to continue. If less than two MEMBERS elect during the SECOND ELECTION to continue, the POOL shall terminate effective as of 11:59 p.m., local Columbus, Ohio time, on December 31 of the last year of the current TERM, and the BOARD shall be responsible for winding up and dissolving the affairs of the POOL. (e) If two or more MEMBERS elect to continue, either at the ELECTION or SECOND ELECTION, all such MEMBERS shall be required to participate for another three-year TERM; provided, however, that any such continuing MEMBER may voluntarily withdraw at the end of any year within that subsequent TERM upon compliance with the withdrawal provisions of Section 8.01 herein. The rights of MEMBERS to share in the SURPLUS FUNDS of the POOL upon withdrawal are governed by Section 8.01 hereof.

Appears in 1 contract

Samples: Joint Self Insurance Agreement

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