Other Third-Party Subrogation Claims Sample Clauses

Other Third-Party Subrogation Claims. In cases where there are unresolved claims or liens by third parties for payments made or services rendered to a Settlement Class Member relating to Dow Corning Breast Implants or Dow Corning Breast Implant Raw Materials, including, but not limited to, subrogation claims and liens of health care providers and insurers, whether public or private (collectively referred to herein as “Subrogation Claims”), the Settlement Class Member involved shall provide the Claims Administrator with notice of such Subrogation Claims. In the event that the Claims Administrator is notified of a Subrogation Claim, by a Settlement Class Member or by a third party, the Claims Administrator shall hold the amount payable in trust until the Claims Administrator receives instructions, from both the Settlement Class Member and the third party, that the Subrogation Claim has been resolved by agreement. In the event that the Settlement Class Member and the third party cannot agree to a resolution of the Subrogation Claim, the British Columbia Court shall adjudicate the dispute and give direction to the Claims Administrator regarding disposition of the Subrogation Claim. In the event that a Settlement Class Member fails to notify the Claims Administrator of a Subrogation Claim and Dow Corning and/or the Released Parties are subjected to claims by third parties for payment of such Subrogation Claims, the Settlement Class Member on whose behalf such claims or liens arose shall then fully hold harmless, reimburse and indemnify Dow Corning and the Released Parties in the amount of any such liability.

Other Third-Party Subrogation Claims. In cases where there are unresolved claims or liens by third parties for payments made or services rendered to Settlement Class Members relating to Dow Corning Breast Implants, including, but not limited to, subrogation claims and liens of health care providers and insurers, whether public or private (collectively referred to herein as “Subrogation Claims”), the Settlement Class Member involved shall provide the Claims Administrator with notice of such Subrogation Claims. The Claims Administrator shall pay or otherwise extinguish such Subrogation Claims from the amount payable under this Agreement to the Approved Claimant on whose behalf such Subrogation Claims arose, prior to disbursing the balance of such payment to the Approved Claimant. In the event such Subrogation Claims are not extinguished or paid, and in the event Dow Corning and/or the Released Parties are subjected to claims by third parties for payment of such Subrogation Claims, Settlement Class Members on whose behalf such claims or liens arose shall then fully hold harmless, reimburse and indemnify Dow Corning and/or the Released Parties in the amount of any such liability, together with interests, costs and counsel fees, on an extrajudicial basis in Quebec.