Common use of REIMBURSEMENT OF CLAIMS Clause in Contracts

REIMBURSEMENT OF CLAIMS. In accordance with this Agreement and the Plan Document, Employer authorizes Administrative Agent to reimburse the Participant or the service provider, if applicable, for Eligible Expenses submitted to Administrative Agent by Participant pursuant to the Plan Document. Employer shall execute the ACH authorization form attached hereto as Exhibit E. Administrative Agent may pay such Claims via a direct ACH from the Plan Account, and/or may pay such Claims by issuing checks from Administrative Agent’s own accounts and withdrawing sufficient funds from the Plan Account via a direct ACH to cover the expenses. See the document titled A Guide to Reports & Funding for additional information regarding the funding process. In the event Administrative Agent determines that a Claim does not qualify for payment or reimbursement or in the event that a Claim is paid but then later the Claim is determined to be unsubstantiated or otherwise made in error, Administrative Agent shall assist Employer in making the Plan whole by making a reasonable number of attempts requesting repayment of the improper amount by the Participant and/or the service provider, and/or by offsetting future claims made to the Participant until the amount is repaid. Alternatively, Employer may, in its discretion, withhold the improper payment from the Participant’s wages or other compensation to the extent consistent with applicable state or federal law. If attempts by Administrative Agent and/or Employer fail to recover the improper payment, Employer may, consistent with Employer’s business practices, treat the amount as any other business indebtedness. In the event recovery is unsuccessful, Administrative Agent shall have no liability or obligation to fund or reimburse claims that were unsubstantiated, made in error, or otherwise do not qualify for payment, unless the mistaken payment was made due to Administrative Agent’s own gross negligence.