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5. It shall be the employee's responsibility to reconcile his/her monthly pay from the City <br /> with payments from the disability insurance carrier to ensure that he/she does not violate <br /> and/or breach any of the terms and conditions of the disability insurance policy, <br /> including but not limited to the 100% payout ceiling. IAFF #46 recognizes that the City <br /> does not have any liability with or to the disability insurance carrier or IAFF #46 <br /> whatsoever with regard to insurance disputes between the carrier and employees <br /> represented by IAFF #46, including but not limited to the reconciliation of pay and the <br /> 100% payout ceiling. Further, IAFF #46 agrees to indemnify, defend and hold harmless <br /> the City of Everett, its officers, elected officials, employees and agents from any and all <br /> claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other <br /> proceedings, and all judgments, awards, costs and expenses (including attorneys' fees <br /> and disbursements) caused by or occurring as a result of any dispute between an <br /> employee represented by IAFF#46 and the disability insurance carrier. <br /> 6. Both IAFF #46 and the City have participated in the drafting of this Letter of <br /> Understanding. As such, it is agreed by the parties that the general contract rule of law <br /> that ambiguities in the contract language shall be construed against the drafter of a <br /> contract shall have no application to any legal proceeding, arbitration and/or action in <br /> which this contract and its terms and conditions are being interpreted and/or enforced. <br /> 7. The Letter of Understanding shall be effective as of January 1, 2003. <br /> CITY OF EVERETT EVERETT FIREFIGHTERS, LOCAL 46 <br /> _C/a` <br /> FR'K E. ANDERSON, Mayor izita/•.-- ROBERT DOWNEY, President <br /> ATTEST: <br /> CITY CLERK <br /> APPROVED AS TO FORM: <br /> CITY ATTORNE <br /> MARK T. SOINE <br />