2020/12/16 Council Agenda Packet

7.8 Notice of Suit and Indemnification. The Policyholder shall promptly give the Company written notice of any lawsuit or other legal proceedings arising under this Contract. The Policyholder is liable for its own negligent, intentional, or wrongful acts or omissions, and those of any person authorized to act on behalf of the Policyholder, arising from or connected with the administration of this Contract. The Policyholder shall indemnify the Company against all contractual or extra - contractual requests for reimbursement, demands, losses, costs, and expenses, including interest, penalties, and attorney's fees, which the Company may incur as a result of the Policyholder's negligent, intentional, or wrongful acts. 7.9 Waiver and Severability If the Company does not enforce a provision of this Contract, it will not constitute a waiver of that or any other provision at any time in the future. If any provision of this Contract is declared unenforceable by a court having jurisdiction, the provision is ineffective only to the extent declared unenforceable. The remainder of the provision and all other provisions of this Contract shall continue in full force and effect. 7.10 Notices. Notices required by this Contract must be in writing and sent by first-class United States Mail, overnight delivery service, personal delivery, or electronic mail. Notices are deemed given when deposited in the United States mail, delivered in person, or sent via email Notices will be addressed to the Policyholder at his/her last address appearing in the records of the Company, or addressed to the Company at: 6950 NE Campus Way, Hillsboro, OR 97124-5611. 7.11 Certificates. The Company will provide to the Policyholder for delivery to each Member a Certificate of Coverage summarizing the essential features of this Contract. If coverage changes by an amendment or endorsement to this Contract the Company will provide the Policyholder with a notice for distribution to Members for attachment to the Certificate of Coverage. In addition, the Company will make available to the Policyholder a list of the Participating Provider offices. 7.12 Clerical Error. Clerical errors will not invalidate coverage or extend coverage. Upon discovery of an error, the Premium Copayments, or fees will be adjusted. The Company may revise any contractual document issued in error. 7.13 Statements. In the absence of fraud, statements made by the Policyholder or an insured person are representations which the Company may rely upon. Statements made for the purpose of acquiring coverage will not void the coverage or reduce benefits, unless contained in a written instrument signed by the Policyholder or the insured person. 001 L-WA811(5/20) 22