Real Estate Legal and Home Repair Service Agreement
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V.
Exclusions:
RERM shall not
be obligated to pay:
For Legal Expense, if the Legal Expense is provided, or could
have been provided, to the Member by an insurer, or another indemnifying
organization, which is or may be obligated to reimburse the Member for
any or all of its liability in the matter under the terms of an insurance Plan
or contract or some other type of indemnification agreement or arrangement.
For disputes with respect to this Plan, including questions as to whether any
loss or legal expense is reimbursable under this Plan.
For any Repair Cost or Legal Expense as to any matter that the
Member has conspired with another to Institute or have
instituted.
For any Repair Cost or Legal Expense as to any class action
suit.
For any Repair Cost or Legal Expense as to any lawsuit relating
to Bodily Injury, Property Damage or Personal Injury. For purposes of this
Plan, the term “Property Damage” shall mean personal and other property not
forming a part of the Home.
For any settlement of Repair Costs to which RERM has not
given prior written consent.
For any Repair Costs or Legal Expense as to any lawsuit,
arbitration, mediation, or other proceeding arising out of the use of, or the
recovery of possession of real property.
For any Repair Cost or Legal Expense based upon any actual or
alleged violation of the Racketeer Influenced and Corrupt Organizations Act, 18
U.S.C. 1961 et seq., and any amendments hereto, or any rules or regulations
promulgated there under.
For any Repair Cost or Legal Expense based upon the Member’s
failure to procure or maintain adequate insurance or bonds; any claim arising
out of the Member’s failure to comply with any law with respect to the
Member’s employees concerning Workers’ Compensation, Unemployment Insurance,
Social Security or Disability Benefits or any similar law.
For any Repair Cost or Legal Expense based upon the Employee
Retirement Income Security Act of 1974, 29 U.S.C.1001 et seq., or similar
provisions of any Federal, State or local statutory law or common law.
For any Repair Cost or Legal Expense based upon the actual or
alleged performance or the failure to perform by the Member any
professional services as an Attorney by any person or entity retained or
employed by the Member.
For any Repair Cost or Legal Expense based upon or arising out
of the holding or failure to hold, any amounts in escrow in connection with any
Completed Contract.
For any Repair Cost or Legal Expense based upon or arising out
of intentional dishonesty or fraudulent acts committed by the Seller or on his
behalf. If any Member shall commit fraud in proffering any claim as
regards amount or otherwise, this Plan shall become void as to such Member
from the date such fraudulent claim is proffered
For any Repair Cost or Legal Expense on covered circumstances
of which the Seller had prior knowledge and did not disclose.
For any Repair Cost or Legal Expense incurred by the Seller
against the Real Estate Agent, Broker or Company.
For any Repair Cost or Legal Expense sustained prior to the
close of escrow on the covered Home.
VI.
Recovery and Subrogation:
RERM shall be entitled to recover from the Member any and
all amounts paid by RERM to the Member under this Plan which
the Member receives from any other party in relation to the Event,
except any amounts which any individual officer, director or employee of the
Member may receive from the Member as reimbursement for a Covered
Event. If RERM becomes liable for any payment under this Plan
in respect of Repair Costs or Legal Expenses, RERM
shall be subrogated, to the extent of such payment to all the rights and
remedies of the Member against any party in respect of such Repair
Cost and Legal Expense shall be entitled at their own expense to sue
or arbitrate in the name of the Member. The Member shall give to
RERM all such assistance in its power as RERM may require
to secure their rights and remedies and, at RERM’s request, shall
execute all documents necessary to enable RERM effectively to bring
suit or demand arbitration in the name of the Member, including the
execution and delivery of the customary form of loan receipt.
VII.
Co-insurance:
Upon receiving notice from the Member of an Event, RERM
will provide the panel attorney to the Member. RERM will pay
100% of the Repair Cost and Legal Expenses up to the Maximum
Amount Reimbursable, less any amount previously reimbursed or reimbursable.
VIII.
Assignment:
No assignment of interest under this Plan shall bind RERM unless
its prior written consent is endorsed hereon.
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