MCMJIF Bylaws
15.01 INSPECTION AND AUDIT: The Fund shall be permitted, but not obligated, to inspect, at any reasonable time, the workplaces and operations of each Participant covered by this agreement. Neither the right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking on behalf of or for the benefit of the Participant or others, to determine or warrant that such workplaces or operations are safe or healthful, or are in compliance with any law, rule or regulation. The Fund shall be permitted to examine and audit the Participant's payroll records, general ledger, disbursements, vouchers, contracts, tax reports and all other books, documents and records at any reasonable time, as far as they show or tend to show or verify the amount of remuneration or other premium basis, that relate to the subject matter of this agreement.
15.02 NOTICE OF INJURY: When an injury occurs, written notice shall be given by or on behalf of the Participant to the Fund or any of its authorized agents as soon as practicable. Such notice shall contain particulars sufficient to identify the Participant and also reasonably obtainable information respecting the time, place and circumstances of the injury, the names and addresses of the injured and of available witnesses. Such notice shall be consistent with the requirements imposed by law.
15.03 NOTICE OF CLAIM OR SUIT: If claim is made or formal petition or a suit or other proceeding is brought against the Participant, the Participant shall immediately forward to the Fund every demand, notice, summons or other process received by him or his representative.
15.04 ASSISTANCE AND COOPERATION OF THE PARTICIPANT: The Participant shall cooperate with the Fund and, upon the Fund's request, shall attend hearings and trials and shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits or proceedings.
15.05 ACTION AGAINST FUND: No action shall lie against the Fund, or Trust Account thereto, unless, as a condition precedent thereto, the Participant shall have fully complied with all the terms of this Agreement, and not until the amount of the Participant's obligation to pay shall have been finally determined either by judgment against the Participant after actual trial or by written agreement of the Participant, the claimant and the Fund. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this Agreement to the extent of the protection provided by this agreement. Nothing contained in this Agreement shall give any person or organization or their legal representative any right to join the Fund as a co-defendant in any action against the Participant to determine the Participant's liability.
15.06 SUBROGATION: In the event of any payment under the agreement, the Fund shall be subrogated to all rights of recovery therefore of the Participant and any person entitled to the benefits of this agreement against any person or organization, and the Participant and other beneficiary shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Participant shall do nothing after loss to prejudice such rights.
