R99-108 AUTHORIZING APPLICATIONS

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ment hereunder has been paid by the Claim Administrator, the Claim Administrator will make a � diligent attempt to recover any such payment made to an ineligible person or overpayment, or the Claim Administrator will adjust the underpayment, but the Claim Administrator will not be re- quired to initiate court proceedings for any such recovery. G. The Employer shall furnish on a timely basis to the Claim Administrator certain information con- cerning the Plan and employees and dependents covered under the Plan ("Covered Persons") as may from time to time be required by the Claim Administrator for the performance of its duties including, but not limited to, the following: 1. All documents by which the Plan is established and any amendments or changes to the Plan as may from time to time be adopted. 2. All data as may be required by the Claim Administrator regarding the Covered Persons who are to be covered under this Agreement. a. Such data may include,without limitation,a list of Covered Persons who are to be cov- ered under the Agreement and completed application cards and information required by the Claim Administrator to identify dual coverage situations which fall within the MSP laws and information required for Certificate(s)of Creditable Coverage that may be issued by the Claim Administrator. It is the Employer's obligation to notify the Claim Ad- ministrator no later than thirty-one (31) days after the effective date of any change in a Covered Person's status under this Agreement. Clerical errors or delays in keeping or reporting data relative to coverage under this Agreement will not invalidate cover- age which would otherwise be validly in force or continue coverage which would other- wise validly terminate.However,the Employer is liable for any benefits paid for a termi- nated Covered Person if the Employer had not timely notified the Claim Administrator • of such Covered Person's termination. b. All such notifications by the Employer to the Claim Administrator must be furnished on forms or tapes in a format approved by the Claim Administrator and must include all information reasonably required by the Claim Administrator to effect such changes. The Employer, furthermore, shall use its best efforts to cooperate with and assist the Claim Administrator, as applicable, in the performance of its duties hereunder. IV. RELATIONSHIP WITH NETWORK PROVIDERS A. Provider's Responsibility for Medical Services. It is understood and agreed that neither the Employer nor the Claim Administrator is engaged in the practice of inedicine.PPO Providers and other Providers are solely responsible for all deci- sions regarding the medical care and treatment of Covered Persons, and the traditional relation- ship between physician and patient shall in no way be affected by or interfered with by any of the terms of this Agreement or any agreement between the Claim Administrator and such Providers. Accordingly, this Agreement is in no way intended to affect the responsibility of PPO Providers and other Providers to provide appropriate services to Covered Persons. V. REPRESENTATIONS AND WARRANTIES The Claim Administrator hereby represents and warrantsto Employer as ofthe date hereof asfollows: A. The Claim Administrator has established and maintains its PPO for the provision of In-Network Services to Covered Persons under the Plan.The PPO Providers are available in the geographic areas specified by Employer and include sufficient numbers to readily provide access to Covered Persons. � B. The Claim Administrator has established and maintains written agreements with PPO Providers which require such Providers to cooperate with utilization review programs. - 3 -