Plan Benefits Litigation Sample Clauses

Plan Benefits Litigation. (1) If a demand is asserted, or litigation or administrative proceedings are begun, by a Member or healthcare provider against the Company to recover Plan benefits related to the Company’s duties under this Agreement (“Plan Benefits Litigation”), the Company will select and retain defense counsel to represent its interest. If Plan Benefits Litigation is begun against the Plan Sponsor and/or the Plan, the Plan Sponsor will select and retain counsel to represent its interest. If Plan Benefits Litigation is begun against the Plan and the Company jointly, and provided no conflict of interest arises between the Parties, the Parties may agree to joint defense counsel. If the Parties do not agree to joint defense counsel, then each Party will select and retain separate defense counsel to represent their own interests.
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Plan Benefits Litigation. 11.1.1 Litigation against Optum. Optum will select and retain defense counsel to represent Optum’s and the Plan’s interest, if a demand is asserted, or litigation or administrative proceedings are begun by a Participant or Network Provider against Optum, or against the Plan and Optum jointly, to recover Plan benefits, related to Optum’s duties under this Agreement (“Plan Benefits Litigation”). In actions against both Customer and Optum, and provided no conflict of interest arises between the parties, the parties will use joint defense counsel. Reasonable legal fees and costs Optum incurs will be paid by Customer if Optum gives Customer reasonable advance notice of Optum’s intent to charge Customer for such fees and costs, and Optum consults with Customer in a manner consistent with Optum’s fiduciary obligations under ERISA on Optum’s litigation strategy. Both parties will cooperate fully with each other in the defense of Plan Benefits Litigation. Optum is responsible for the full amount of any Plan benefits paid as a result of such litigation except when one or more of the following exist: (i) Optum is performing only administrative services; or (ii) Customer’s acts or omissions caused Plan benefits to be paid in error; or (iii) Customer has an indemnification obligation, then Customer will be responsible for the full costs of such Plan benefits paid. This provision shall survive the termination of this Agreement.
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Plan Benefits Litigation. If a demand is asserted or a litigation/arbitration proceeding is commenced ("Plan Benefits Litigation") by a Member or health care provider to recover benefits against Lifemark, the Plan or both parties, the following shall apply:
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Plan Benefits Litigation 
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Related to Plan Benefits Litigation

  • Plan Benefits Each year, prior to the annual enrollment period, EMPLOYEES will receive Enrollment information that will outline the benefits offered next calendar year. Information relative to specific health insurance benefits and limitations will be updated regularly and contained in the SPD. In the event there is a conflict between the provisions of the collective bargaining agreement and the SPD, the District's SPD shall control.

  • Employment and Benefit Matters (a) For the period commencing at the Effective Time and ending on December 31, 2011, Parent agrees to cause the Surviving Corporation to maintain base salary, bonus opportunity, retirement benefits, health benefits, welfare benefits, but not any stock-based benefits, for the Seller Personnel who remain employed after the Effective Time (collectively, the “Seller Employees”) at the same levels that are, in the aggregate, at least comparable to those in effect for similarly situated employees of Parent on the date hereof. Parent shall, and shall cause the Surviving Corporation to, treat, and cause the applicable benefit plans in which Seller Employees are entitled to participate to treat, the service of Seller Employees with Seller or any Subsidiary of Seller attributable to any period before the Effective Time as service rendered to Parent, the Surviving Corporation or any Subsidiary of Parent for purposes of eligibility to participate, vesting and for other appropriate benefits including, but not limited to, applicability of minimum waiting periods for participation, but excluding benefit accrual (including minimum pension amount) and eligibility for early retirement under any defined benefit plan of Parent or eligibility for retiree welfare benefit plans or as would otherwise result in a duplication of benefits. Without limiting the foregoing, Parent shall cause any pre-existing conditions or limitations, eligibility waiting periods or required physical examinations under any health or similar plan of Parent to be waived with respect to Seller Employees and their eligible dependents, to the extent waived or satisfied under the corresponding plan in which Seller Employees participated immediately prior to the Acceptance Date, and any deductibles paid by Seller Employees under any of Seller’s or its Subsidiaries’ health plans in the plan year in which the Acceptance Date occurs shall be credited towards deductibles under the health plans of Parent or any Subsidiary of Parent. Parent shall, and shall cause the Surviving Corporation to, use commercially reasonable efforts to make appropriate arrangements with its insurance carrier(s) to ensure such result. Seller Employees shall be considered to be employed by Parent “at will” and nothing shall be construed to limit the ability of Parent or the Surviving Corporation to terminate the employment of any such Seller Employee at any time. Parent will cooperate with Seller, and assume all costs, in respect of consultation obligations and similar notice and bargaining obligations owed to any employees or consultants of Seller or any Subsidiary of Seller in accordance with all applicable Laws and bargaining agreements, if any.

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