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AMENDMENTS TO THE CONTRACT: The terms and conditions of this Contract <br />may be amended at any time by mutual agreement of Medical Mutual of Ohio <br />and the Plan Sponsor. It is the responsibility of the Plan Sponsor to notify <br />Participants of any changes in the terms or conditions of this Contract. <br />ASSIGNMENT: No assignment of the Plan Sponsor's interests under this <br />Contract shall be binding upon Medical Mutual of Ohio unless Medical Mutual of <br />Ohio agrees in writing. <br />CLERICAL ERROR: Clerical error, whether by the Plan Sponsor or by Medical <br />Mutual of Ohio, in keeping any records pertaining to the coverage provided by <br />this Contract, will not invalidate such coverage or continue coverage otherwise <br />terminated, nor will such error expand Medical Mutual of Ohio's obligations <br />under this Contract. <br />COUNTERPARTS: This Contract may be executed concurrently in multiple <br />counterparts, each of which shall be deemed an original, but all of which taken <br />together shall constitute one and the same instrument. <br />ELIGIBILITY: This Contract will cover only those persons who are eligible <br />according to the terms of the Plan. <br />ENTtRE CONTRACT: This Contract, the Benefit Book(s), any Applications, and <br />any Amendments, copies of which are attached and made a part hereof, shall <br />constitute the entire Contract between the Medical Mutual of Ohio and the Plan <br />Sponsor. <br />GOVERNING LAW: This Contract shall be governed by and construed in <br />accordance with the laws of the state of Ohio. <br />HOLD HARMLESS: The Ptan Sponsor agrees to hold Medical Mutual of Ohio <br />harmless for any legal expenses incurred or judgment(s) awarded, arising out of <br />any dispute involving a Covered Person or former Covered Person of the Plan <br />covered by this Contract, with respect to any Covered Person's claim of any <br />rights under the Plan, provided such legal expenses or judgments were not <br />incurred as a result of the sole negligence or intentional wrongful acts of Medical <br />Mutual of Ohio. <br />INTERPRETATION: While the determination of the benefits under the Plan is <br />the sole responsibility of the Plan Sponsor, Medical Mutual of Ohio reserves the <br />right to interpret the terms and conditions of the Plan as it applies to the Stop <br />Loss Contract. Medical Mutual of Ohio has the sole authority to reimburse or <br />deny reimbursement under this Contract. <br />LEGAL ACTION: No action at law or in equity shall be brought to recover on this <br />Contract prior to the expiration of 60 days after written proof of loss has been <br />furnished in accordance with the requirements of this Contract. No such action <br />shall be brought after the expiration of three years after the time written proof of <br />loss is required to be furnished. <br />CCX0202 Page 9 090102 <br />03 eCityofNorthOlmstedSL <br />???????p?,-??????.??„??.??„? «????.?,,.u?,,,a.,? . ?,,,?- t.??????•????,?,??.?x? ?,,?..,, . ,