(A) Pursuant to §§ 1.2 and 1.3 of general conditions of part II of the agreement (pages 22 through 23), the Fund Manager shall authorize the Trustee to pay indemnification to a participating entity for losses or damages in excess of the retained limit with respect to any occurrence or wrongful act, but the Fund Manager shall authorize such payment only after all the conditions set forth in §§ 1.2 and 1.3 have been fulfilled.
(B) Pursuant to §§ 1.2 and 1.3 of general conditions of part II of the agreement (pages 22 through 23), when making claim for indemnification under this agreement, the participating entity shall provide the following documentation to the Fund Manager:
(1) Either a notarized copy of the settlement agreement, properly executed by all parties, or a certified copy of the final court judgment against the participating entity;
(2) A copy of the draft issued by or on behalf of the participating entity paying in whole or in part losses or damages in excess of the retained limit with respect to any occurrence or wrongful act;
(3) A notarized acknowledgment of receipt of the draft by the claimant or his or her representative; and
(4) A certified copy of the resolution of the participating entity’s Board of Directors authorizing a claim against the fund pursuant to the terms of the agreement.
(Ord. MET 93-21, passed 11-9-1993)