Common use of Recoveries, including Subrogation Clause in Contracts

Recoveries, including Subrogation. In the event the Company or Plan Sponsor’s third party administrator obtains, directly or through a third party, Recoveries on behalf of Plan Sponsor that relate to amounts paid by the Company, the following will apply: Any recovery will be credited to the Plan Sponsor, subject to the terms of this agreement, as described below; provided, that Company may charge the Plan Sponsor a fee of up to 30% of the gross recovery including any third party fees and expenses for such recoveries, which will be netted against any such recovery. The recovery fee may exceed 30% if the applicable recovery vendor’s fee exceeds that percentage. Company shall have the right to retain any net recovery not exceeding $500 if 3 years have elapsed since this Agreement terminated. a. Plan Sponsor shall first reimburse Company, directly or through its third party administrator, a pro rata portion of such recovery; b. Such portion shall not exceed the amount Company has paid under the Agreement; c. Such portion will be net of Company’s portion of recovery fees; d. Allocation of the recovery fees will be based upon the amount related to such recovery that was paid by Company and Plan Sponsor; and e. Plan Sponsor will retain or receive the remaining portion of such recovery net of its portion of recovery fees.

Recoveries, including Subrogation. In the event the Company or Plan Sponsor’s third party administrator obtains, directly or through a third party, Recoveries on behalf of Plan Sponsor that relate to amounts paid by the Company, the following will apply: Any recovery will be credited to the Plan Sponsor, subject to the terms of this agreement, as described below; provided, that Company may charge the Plan Sponsor a fee of up to 30% of the gross recovery including any third party fees and expenses for such recoveries, which will be netted against any such recovery. The recovery fee may exceed 30% if the applicable recovery vendor’s fee exceeds that percentage. If a net recovery exceeds the Specific Stop Loss Limit Company will not charge Plan Sponsor any recovery fee. Company shall have the right to retain any net recovery not exceeding $500 if 3 years have elapsed since this Agreement terminated. a. Plan Sponsor shall first reimburse Company, directly or through its third party administrator, a pro rata portion of such recovery; b. Such portion shall not exceed the amount Company has paid under the Agreement; c. Such portion will be net of Company’s portion of recovery fees; d. Allocation of the recovery fees will be based upon the amount related to such recovery that was paid by Company and Plan Sponsor; and e. Plan Sponsor will retain or receive the remaining portion of such recovery net of its portion of recovery fees.

Recoveries, including Subrogation. In the event the Company or Plan Sponsor’s third party administrator obtains, directly or through a third party, Recoveries on behalf of Plan Sponsor that relate to amounts paid by the Company, the following will apply: Any recovery will be credited to the Plan Sponsor, subject to the terms of this agreementAgreement, as described below; provided, that Company may charge the Plan Sponsor a fee of up to 30% of the gross recovery including any third party fees and expenses for such recoveries, which will be netted against any such recovery. The recovery fee may exceed 30% if the applicable recovery vendor’s fee exceeds that percentage. If a net recovery exceeds the Specific Stop Loss Limit Company will not charge Plan Sponsor any recovery fee. Company shall have the right to retain any net recovery not exceeding $500 if 3 years have elapsed since this Agreement terminated.. In the event the Company or Plan Sponsor’s third party administrator obtains, directly or through a third party, Recoveries on behalf of Plan Sponsor that relate to amounts paid by the Company, the following will apply: a. Plan Sponsor shall first reimburse Company, directly or through its third party administrator, a pro rata portion of such recovery; b. Such portion shall not exceed the amount Company has paid under the Agreement; c. Such portion will be net of Company’s portion of recovery fees; d. Allocation of the recovery fees will be based upon the amount related to such recovery that was paid by Company and Plan Sponsor; and e. Plan Sponsor will retain or receive the remaining portion of such recovery net of its portion of recovery fees.

Recoveries, including Subrogation. In the event the Company or Plan Sponsor’s third party administrator obtains, directly or through a third party, Recoveries on behalf of Plan Sponsor that relate to amounts paid by the Company, the following will apply: Any recovery will be credited to the Plan Sponsor, subject to the terms of this agreement, as described below; provided, that Company may charge the Plan Sponsor a fee of up to 30% of the gross recovery including any third party fees and expenses for such recoveries, which will be netted against any such recovery. The recovery fee may exceed 30% if the applicable recovery vendor’s fee exceeds that percentage. If a net recovery exceeds the Specific Stop Loss Limit Company will not charge Plan Sponsor any recovery fee. Company shall have the right to retain any net recovery not exceeding $500 if 3 years have elapsed since this Agreement terminated.. In the event the Company or Plan Sponsor’s third party administrator obtains, directly or through a third party, Recoveries on behalf of Plan Sponsor that relate to amounts paid by the Company, the following will apply: a. Plan Sponsor shall first reimburse Company, directly or through its third party administrator, a pro rata portion of such recovery; b. Such portion shall not exceed the amount Company has paid under the Agreement; c. Such portion will be net of Company’s portion of recovery fees; d. Allocation of the recovery fees will be based upon the amount related to such recovery that was paid by Company and Plan Sponsor; and e. Plan Sponsor will retain or receive the remaining portion of such recovery net of its portion of recovery fees.