Right to Recover Payments. Upon any breach by Employee of the post-employment restrictive covenants contained in Section 9 of this Agreement, all amounts paid to Employee as a Severance Benefit shall immediately be due and repayable to the Company by Employee, and shall be paid, in full in immediately available funds, by Employee to the Company without condition. Nothing within this Section 29 shall prevent or limit the Company’s rights to enforce the post-employment restrictive covenants through injunctive or any other means available in law or at equity. Employee acknowledges that the Company will have no adequate means of protecting its rights under this Agreement other than by securing an injunction (a court order prohibiting Employee from violating the Agreement). Accordingly, Employee agrees that the Company is entitled to enforce this Agreement by obtaining a temporary, preliminary and/or permanent injunction and any other appropriate equitable relief, in addition to the other relief to which it may be entitled. Employee acknowledges that the Company’s recovery of damages will not be an adequate means to redress a breach of this Agreement. Nothing contained in this paragraph, however, shall prohibit the Company from pursuing any remedies in addition to injunctive relief, including recovery of damages. [Signature Page Follows]
Right to Recover Payments. In order for the Health Plan to determine the existence of any rights we may have, and to satisfy those rights, you must complete and send the Health Plan all consents, releases, authorizations, assignments and other documents, including lien forms directing your attorney, the third party and the third party’s liability insurer to reimburse the Health Plan directly. You may not take any action that is prejudicial to our rights. If your estate, Parent, Guardian or conservator asserts a claim against a third party based on your injury or illness; both your estate, Parent/Guardian or conservator and any settlement or judgment recovered by the estate, Parent/Guardian or conservator, shall be subject to the Health Plan’s liens and other rights to the same extent as if you had asserted the claim against the third party. The Health Plan may assign its rights to enforce its liens and other rights. The Health Plan's recovery shall be limited to the extent that the Health Plan provided benefits or made payments for benefits as a result of the occurrence that gave rise to the cause of action. Except for any benefits that would be payable under either Personal Injury Protection coverage; and/or any capitation agreement the Health Plan has with a participating provider:
Right to Recover Payments. The Policyholder shall repay to the Insurers all sums paid by them because of the requirements of any law, if the Insurers would not have been liable for those payments by the terms of this Policy. G Application of Limits of Liability In the event of any accident involving payment to more than one person, any limitation stated by the terms of this Policy relating to the maximum amount payable, shall apply to the aggregate amount and in priority to the Policyholder.
Right to Recover Payments. Whenever a payment has been made by the Plan, including erroneous payments, in a total amount in excess of the amount payable under the Plan, irrespective of to whom paid, the Plan shall have the right to recover such payments, to the extent of the excess, from the person to or for whom the payment was made. Misrepresentation or Fraud A Covered Employee who receives benefits under the Plan as a result of false, incomplete, or incorrect information or a misleading or fraudulent representation may be required to repay all amounts paid by the Plan and may be liable for all costs of collection, including attorney's fees and court costs. The Plan Administrator shall decide such matters on a case by case basis. An Employee may be asked to provide proof of eligibility for his or her Dependents. If a Covered Person makes any intentional misrepresentation or uses fraudulent means concerning eligibility for coverage, changing existent coverage, or benefits under the Plan, the Employee’s and his or her Dependents’ coverage may be terminated irrevocably (retroactively to the extent permitted by law), and could be grounds for Employee discipline up to and including termination. Failure to provide timely notice of loss of eligibility will be considered intentional misrepresentation. Legal Action Before pursuing legal action, a person claiming Plan benefits or seeking redress related to the Plan must first exhaust the Plan's claim, review, and appeal procedures. Unless otherwise provided by law, the Company and the Plan Administrator are the only necessary parties to any action or proceeding that involves the Plan or its administration. No Employee, Employer, or other person or entity is entitled to notice of any legal action, unless a court with appropriate jurisdiction orders otherwise. No action at law or in equity in any court or agency shall be brought to recover benefits under the Plan prior to the exhaustion of the claims and appeals procedures set forth in Article V, nor shall an action be brought at all unless within 36 months after the date a claim is incurred under the Plan. Governing Law The provisions of the Plan shall be administered, and all questions pertaining to the validity or construction of the Plan and the acts and transactions of the parties shall be determined, construed, and enforced, in accordance with applicable and, to the extent not preempted, the laws of the Commonwealth of Massachusetts. Governing Instrument This document, together with any...
Right to Recover Payments. The Policyholder shall repay to the Insurers all sums paid by them because of the requirements of any law, if the Insurers would not have been liable for those payments by the terms of this Policy. G Application of Limits of Liability In the event of any accident involving payment to more than one person, any limitation stated by the terms of this Policy relating to the maximum amount payable, shall apply to the aggregate amount and in priority to the Policyholder. H Declaration and Premium Adjustment Prior to the commencement of any Period of Insurance, the Policyholder shall provide details of all Insured Vehicles and specified Trailers covered by this Policy. The Policyholder shall provide at the declaration interval shown in the Policy Schedule, details of Insured Vehicles, all temporary vehicles and specified Trailers, acquired or disposed of and the Policyholder shall pay an additional premium or the Insurers shall pay a return premium calculated as agreed.
Right to Recover Payments. If, for any reason, payments are made to any person or entity in excess of the amount payable under this Plan, the Board shall have full authority to recover the amount of overpayments. That authority shall include, but shall not be limited to, the right to reduce benefits payable in the future to the person who received the overpayments.
