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3. Any claim based upon the disclosure of any information regarding a Covered Person by <br /> the Claim Administrator to the Employer. <br /> 4. Any claim in connection with a claim for benefits under the Plan. <br /> 5. Any claim in connection with untimely and/or inaccurate eligibility data or Claim informa- <br /> tion data provided by the Employer to the Claim Administrator,or any such data provided <br /> by the Employer in a format not approved by the Claim Administrator. <br /> F. If it is determined that any payment has been made under this Agreement to an ineligible em- <br /> ployee or dependent, or if it is determined that more or less than the correct amount of any <br /> payment hereunder has been paid by the Claim Administrator, the Claim Administrator will <br /> make a diligent attempt to recover any such payment made to an ineligible person or overpay- <br /> ment, or the Claim Administrator will adjust the underpayment, but the Claim Administrator <br /> will not be required to initiate court proceedings for any such recovery. <br /> G. The Employer shall furnish on a timely basis to the Claim Administrator certain information <br /> concerning the Plan and employees and dependents covered under the Plan ("Covered Per- <br /> sons'� as may from time to time be required by the Claim Administrator for the performance <br /> of its duties including, but not limited to, the following: <br /> 1. All documents by which the Plan is established and any amendments or changes to the <br /> Plan as may from time to time be adopted. <br /> 2. All data as may be required by the Claim Administrator regarding the Covered Persons <br /> who are to be covered under this Agreement. <br /> Such data may include,without limitation,a list of Covered Persons who are to be covered <br /> under the Agreement and completed appfication cards and information required by the <br /> Claim Administrator to identify dual coverage situations which fall within the MSP laws <br /> and information required for Certficate(s) of Creditable Coverage that may be issued by the <br /> Claim Administrator. It is the Employer's obligation to notify the Claim Administrator no <br /> laterthan thirty-one(31)days afterthe effective date of any change in a Covered Person's <br /> status under this Agreement.All such notifications by the Employer to the Claim Adminis- <br /> trator (including, but not limited to, forms and tapes) must be furnished in a format ap- <br /> proved by the Claim Administrator and must include all information reasonably required <br /> by the Claim Administrator to effect such changes. Clerical errors or delays iri keeping <br /> or reporting data relative to coverage under this Agreement will not invalidate coverage <br /> which would othervvise be validly in force or continue coverage which would otherwise <br /> validly terminate. However, the Employer is tiable for any benefits paid for a terminated <br /> Covered Person if the Employer had not timely notified the Claim Administrator of such <br /> Covered Person's termination. <br /> The Employer, furthermore, shall use its best efforts to cooperate with and assist the Claim <br /> Administrator, as applicable, in the performance of its duties hereunder. <br /> IV. RELATIONSHIP WITH NETWORK PROVIDERS <br /> It is understood and agreed that neither the Employer nor the Claim Administrator is engaged in <br /> the practice of inedicine. PPO Providers and other Providers are solely responsible for all deci- <br /> — - sions regarding the medical care and treatment of Covered Persons, and the traditional relation- <br /> ship between physician and patient shall in no way be affected by or interfered with by any of the <br /> terms of this Agreement or any agreement between the Claim Administrator and such Providers. <br /> Accordingly,this Agreement is in no way intended to affect the responsibility of PPO Providers and <br /> other Providers to provide appropriate services to Covered Persons. <br /> - 3 - <br />