Procedures for Addressing Governmental Payors Sample Clauses

Procedures for Addressing Governmental Payors. (a) Following the entry of the Preliminary Approval Order, the Lien Administrator shall seek written agreements meeting the following conditions from each Governmental Payor (with the exception for the purpose of this Section 16.2(a) of a Governmental Payor that is a Medicare Part C or Medicare Part D plan sponsor): (i) That the Governmental Payor: (1) holds no interest, and will not assert any interest in the future, including any Liens, in any Compensation Award; or (2) agrees to a maximum amount for which it will seek to resolve any interest, including any Liens, in any Compensation Award, where such maximum amount is either a specific percentage of the Compensation Award or a dollar amount that is less than the full amount of the Compensation Award; or (3) agrees to procedures for resolving any interest on an individual case basis; or (4) expressly releases any and all Persons from any Claims whatsoever for any interest, including any Liens, in any and all Compensation Awards; and (ii) That the Governmental Payor agrees either that the Monsanto Parties have no obligations to it arising from, resulting from, in any way relating to or in connection with any Settlement Class Member Party’s application for or receipt of a Compensation Award, or that any such obligation that the Governmental Payor might otherwise claim is fully resolved and discharged by the terms agreed to with the Lien Administrator under Section 16.2(a)(i); and (iii) In the case of an agreement with CMS, that CMS acknowledges either that (1) the Defendant has no reporting obligations to CMS under Section 111 of the Medicare, Medicaid, and SCHIP Extensions Act of 2007, or its applicable regulations, that are arising from, resulting from, or in any way relating to or in connection with any Compensation Award; (2) that the Defendant has satisfied any such reporting obligations; or (3) that the Defendant can satisfy any such reporting obligations by complying with a reporting process recognized by CMS. To the extent necessary to secure such agreement, the Lien Administrator shall establish reporting processes recognized by CMS as satisfying any such reporting obligations.
Sample 1
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