(A) This Trust shall be construed, enforced and administered and the validity thereof determined in accordance with the Charter and Code of Ordinances of the city. If any provision is held to violate the city's Code of Ordinances, Florida or federal law, or otherwise to be illegal or invalid for any other reason, that provision shall be deemed to be null and void, but the invalidation of that provision shall not otherwise affect the Trust.
(B) In resolving any conflict among provisions of this Trust and in resolving any other uncertainty as to the meaning or intention of any provision hereof, the interpretation that causes the Trust to be exempt from tax as a governmental instrumentality under Internal Revenue Code § 115, and causes the Trust to comply with all applicable requirements of this code, shall prevail over any different interpretation.
(C) If the Trustees or the Program Administrator makes any payments that, according to the terms of this Trust and the benefits provided hereunder, should not have been made, the Trustees or Program Administrator may recover that incorrect payment by whatever means necessary, whether or not it was made due to the error of the Trustees or Program Administrator, from the person to whom it was made or from any other appropriate party. This authority shall include the authorization of the Trustees or Program Administrator to deduct the amount of the incorrect payment when making any future payments to the recipient of the incorrect payment.
(D) Any payment to any insurance company, or its designee, shall to the extent thereof, be in full satisfaction of the claim of such entity being paid thereby and the Trustees or Program Administrator may condition payment thereof on the delivery by the insurance company, or its designee, of the duly executed receipt and release in such forms as may be determined by the Trustees or Program Administrator.
(Ord. 1598, passed 12-3-07)