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(d) relief from the commercial insurers' rights under <br />excess liability policies to force claim settlements which <br />are payable primarily in each case from the Providee's <br />self-insurance funds, <br />(e) access to the commercial reinsurance market in <br />future years when commercial reinsurance is available at <br />rates deemed favorable by the Providees, and <br />(f) actuarially -determined premium payments <br />calculated to provide amounts in each year necessary to <br />maintain the Claims Payment Fund at an actuarially sound <br />level and therefore sufficient to reserve against the <br />incurred losses of the Providees. <br />WHEREAS, this Council hereby further determines that the <br />Participation Premium (as defined in the Agreement) to be paid <br />in each year by each Providee including the City as provided <br />for and upon the conditions set forth in the Agreement will be <br />payable only upon the condition of the receipt of the <br />consideration represented by the insurance protection to be <br />provided in such year under the Agreement, but in the event <br />that such protection is so provided in any year such <br />Participation Premium will be a binding obligation of the City <br />payable from legally available moneys; <br />WHEREAS, this Council hereby further determines that the <br />obtaining of the insurance protection and services provided for <br />under the Agreement is essential in the preservation and <br />5 <br />2658001B/2 <br />