Section 17. Miscellaneous Terms and Conditions

1. Notice of Occurrence. When an occurrence takes place which may result in a claim for benefits, the Participant shall give written or verbal notice to the Benefit Administrator as soon as practicable. Such notice shall specify particulars sufficient to identify the Participant, and all reasonably obtainable information respecting the time, place and circumstances of the occurance. When verbal notice is given, the Participant shall confirm notice in writing within thirty (30) days.
2. Assistance and Cooperation of the Participant. The Participant shall assist and cooperate with the Plan toward the resolution of any claim, including assosting with discovery and appearing for depositions, hearings and trial. Failure to fully co-operate with the Plan may, in the discretion of the Executive Committee, be ground for cancellation of coverage and shall relieve the Plan of any further obligation to the Participant and his or her attorney.
3. Other Plan or Insurance-Plan Is Excess. If any other valid and collectable plan or insurance is available to the Participant for claims otherwise covered under this Plan, then the coverage provided under such other plan or insurance shall be primary coverage or insurance. Coverage under this Plan shall apply only in excess of every other plan or insurance, and shall not be considered as "additional insurance" or contribute with such other plan or insurance in any way except to provide excess coverage after the available limits of all such other plans and insurance have been exhausted by the payment of claims. As used in this section, the term "other plan or insurance" includes but is not limited to insurance or self-insurance coverage or benefits provided by or through a Participant's employer, other groups or associations insurance coverage or benefits provided by a Participant; coverage or benefits provided by self-insurance, trusts, pools, risk retention groups captive insurance companies; any other insurance or self-insurance plan or agreement of risk assumption; and any obligation to defend, pay or indemnify under any statute, ordinance, regulation or agreement,
   Prior to seeking benefits under the Plan, the Participant agrees to:
1. Submit any and all claims otherwise covered by the Plan for coverage and/or reimbursement to all such other plans or insurance and, if requested by Legal Plan Inc., to undertake and pursue such coverage claims. The Participant's obligation under this paragraph shall exist regardless of whether the claim against the Participant is brought in the Participant's official capacity, individually or is a claim for punitive damages;
2. Execute and deliver instruments and other documents and do whatever else is necessary to pursue such coverage claims; and
3. Do nothing to prejudice the rights of the Coalition to recover money or benefits due the Participant in connection with such coverage claims. The Labor Coalition shall pay all expense for the pursuit of such coverage claims, and reserves the right to assume the legal representation of the Participant for that purpose.
4. Subrogation. In the event of any payment under the Plan, the Plan shall be subrogated to the extent of payment to the Participant's right of recovery against any person, agency, organization, political subdivision or any other entitiy. The Participant shall execute and deliver instruments and papers and di whatever else is necessary to secure and pursue such rights. The Participant shall do nothing to prejudice such rights. In the event that subrogation is not permitted for any reason, and the Participant is entitled to receive or receives payment as the result of any such right of recovery, the Participant shall reimburse Legal Plan Inc., for all amounts paid by the Plan on behalf of the Participant, up to the amount which the Participant receives.
5. Changes and Admendments to Plan Only by Written Amendment Notice to or knowledge possessed by any agent or other person shall not affect a waiver or a change in any part of this Plan Description, it's attachments or any certificate of participation or stop the Plan from asserting any right under the terms of same. The terms of this Plan Description, it's attachments or any certificate of participation shall not be waived or changed, except by written amendment or endorsement approved by the Executive Committee and issued to form a part of the same
6. Cancellation
1. The participation of an individual Participant may be cancelled by the Participant for any reason by:
1. Surrendering the certificate to the Plan or the Enrollment Administrator; or
2. Mailing written notice to the Enrollment Administrator stating the date thereafter on which cancellation shall be effective.
2. The participation of an individual Participant nay be canceled by the Plan only for nin-payment of participation fees, discontinuation of the Plan, the Participant's ineligibility of failure of the Participant to co-operate with the Plan. Notice shall be given by mailing to a canceled individual Participant at his or her last-known address, written notice stating the effective date and time of cancellation. The mailing of notice shall be sufficient proof of notice. The effective date and time of cancellation stated in the notice shall be the date and time of termination.
3. Delivery of such written notice of cancellation either by the Participant or by the Plan shall be equivalent to mailing.
4. In the event of cancellation, participation fees shall ne deemed earned throught the last day of the calendar quarter in which cancellation is effective. Any prepaid, unearned participation fees in excess of such earned fees shall constitute the refund due the individual. Refunds may be made either on the date cancellation is effective or as soon as practicable thereafter.
5. Other than as provided in Paragraph 4 of this subsection. any other participation fee adjustment or refund shall be computed pro rata as of the effective date of cancellation.
7. Nonrenewal. If the Plan declines to renew coverage of an individual Participant, the Plan shall mail or deliver to the Participant at the Participant's last-known address written notice of the nonrenewal not less than sixty (60 ) days before the expiration of the Participant's coverage. The mailing of notice shall be sufficient proof of notice.
8. Non-Assignment. The interest of any Participant in the Plan and its benefits is not assignable.
9. Death or Incompetency. If a Participant dies or is adjudged incompentant, the Plan shall terminate on the date of death or incompetency as to that Participant. The Plan shall pay benefits to or on behalf of the Participant's legal representative with respect to covered Legal Defense Costs incurred prior to the date of death or incompetency.
10. Conformity to Statute. Terms of a certificate of participation which are in conflict with applicable statutes are hereby amended to conform to such statutes.