SIGNED RELEASES/ASSIGNMENT Sample Clauses
SIGNED RELEASES/ASSIGNMENT. 9.1 Without limiting the foregoing, each Class Member who receives any money from the Class Settlement Fund shall, on or before the time that such Class Member receives such money, execute for delivery to CorVel a receipt and release substantially in the form attached hereto as Exhibit 5, expressly memorializing the release of all Liability, and each and all of the claims based on any Episode, by, through, or on behalf of that Class Member; holding the Released Parties harmless from and defending them against any claims or cross-claims for indemnity or contribution and/or any claims by any person who or which derives or obtains any right or claim from or through any such Class Member (e.g., subrogation claims by worker’s compensation insurers, employers, and/or health care providers, heirs, relatives and/or custodians); and acknowledging his/her/its receipt of the money to be paid to that Class Member. The receipt and release required pursuant to this Section 9.1 may be in the form of an instrument included with the allocation check for each Class Member; in such event, a Class Member’s endorsement and/or deposit of such allocation check shall serve as that Class Member’s acknowledgment of, and agreement to, the terms and conditions set forth in the instrument included with the allocation check. The CADA shall, within a reasonable period of time following the CADA’s receipt thereof, deliver to CorVel the endorsed allocation checks (or copies thereof, if appropriate).
9.2 Nothing in the Agreement shall affect or release claims available to the Released Parties except as otherwise expressly set forth in Section 11.
9.3 The claims of each Class Member based on any Episode or giving rise to any Liability, as against each of the Released Parties shall be assigned to that Released Party for the purpose of legally extinguishing any further liability of the Released Parties.
SIGNED RELEASES/ASSIGNMENT. 9.1 Without limiting the foregoing, each Class Member who receives any money from the Class Settlement Fund shall, on or before the time that such Class Member receives such money, execute a receipt and release substantially in the form attached hereto as Exhibit 4, expressly memorializing the release of all Liability, and each and all of the claims based on any Benefit Event, by, through, or on behalf of that Class Member; and acknowledging his/her/its receipt of the money to be paid to that Class Member. The receipt and release required pursuant to this Section 9.1 may be in the form of an instrument included with the allocation check for each Class Member; in such event, a Class Member’s endorsement and/or deposit of such allocation check shall serve as that Class Member’s acknowledgment of, and agreement to, the terms and conditions set forth in the instrument included with the allocation check. The CADA shall, within a reasonable period of time following the CADA’s receipt thereof, deliver to BCBSLA the endorsed allocation checks (or copies thereof, if appropriate).
9.2 Nothing in this Agreement shall affect or release claims available to the Released Parties.
9.3 Further, nothing in this Agreement shall release claims, however asserted, that arise in the ordinary course of business and are based solely on (i) whether a particular product, service, or benefit is covered by the terms of a particular health benefit product, (ii) seeking resolution of a benefit plan’s or a benefit plan participant’s financial responsibility for claims, based on either the benefit plan document or statutory law, or (iii) challenging a Released Party’s administration of claims under a benefit plan based on either the benefit plan document or statutory law.
9.4 The claims of each Class Member based on any Benefit Event or giving rise to any Liability, as against each of the Released Parties shall be assigned to that Released Party for the purpose of legally extinguishing any further liability of the Released Parties.