|
D.Indemnification for Plan Design/Interpretation.MEDSURETY, LLCis not engaged in the practice
<br />of law. The resolution of any legal issues concerning the Plan(s), the coverage, or the
<br />interpretation is the responsibility of the Plan Administrator and/or the Adopting Employer and
<br />their legal counsel. The Plan Administrator and Adopting Employer shall indemnify, hold
<br />harmless, and defend MEDSURETY, LLC from and against any and all liabilities, losses, damages,
<br />claims, lawsuits, or causes of action, and any costs and expenses associated therewith (including
<br />MEDSURETY, LLC may incur or be asked to pay), arising, directly or indirectly,
<br />out of the design and/or interpretation of the Plans, including, but not limited to, any liability,
<br />losses, damages, claims, lawsuits, or causes of action and any costs and expenses associated
<br />MEDSURETY, LLC may incur or be asked to pay) arising
<br />under any state, federal or local law or regulation.
<br />E. General Indemnification. The Plan Administrator and the Adopting Employer shall indemnify,
<br />hold harmless, and defend MEDSURETY, LLC and its directors, officers, employees, and agents
<br />from and against any and all liabilities, losses or damages arising out of any claims, lawsuits, or
<br />MEDSURETY, LLC may incur or be asked to pay), which arise, directly or indirectly, from the Plan
<br /> Employers,
<br />including, but not limited to, any liability, losses, damages, claims, lawsuits, or causes of action
<br />and any costs and expenses associated theMEDSURETY, LLC
<br />may incur or be asked to pay) arising under any law.
<br />F. Indemnification for Prior Administration. If a party other than MEDSURETY, LLC previously
<br />provided administrative services to the Plan(s), the Plan Administrator and the Adopting
<br />Employer shall indemnify, hold harmless, and defend MEDSURETY, LLC and its directors, officers,
<br />employees, and agents from and against any and all liabilities, losses or damages arising out of
<br />any claims, lawsuits, or causes of action, and any costs and expenses associated therewith
<br />MEDSURETY, LLC may incur or be asked to pay), which arise,
<br />directly or indirectly, from such prior administrative services, including, but not limited to, any
<br />liability, losses, damages, claims, lawsuits, or causes of action and any costs and expenses
<br />MEDSURETY, LLC may incur or be asked to
<br />pay) arising under any law.
<br />G. Limitation of MEDSURETY, LLC MEDSURETY, LLC shall exercise, in the performance of
<br />its duties, reasonable care and shall be liable for loss only when caused by MEDSURETY, LLC
<br />MEDSURETY, LLC
<br />criminal conduct or a material breach of this Agreement. MEDSURETY, LLC shall be responsible
<br />for direct damages caused by its failure to satisfy its duties hereunder; provided, however, that
<br />MEDSURETY, LLC shall not be liable for any incidental or consequential damages caused by its
<br />failure to satisfy its duties hereunder or for any benefits payable under the Plans. MEDSURETY,
<br />LLC shall not be liable for the processing of Plan activity that is delayed due to circumstances
<br />beyond its reasonable control, including, but not limited to, national, state, or city disaster, acts
<br />of God, severe weather, or any other circumstances that would affect MEDSURETY, LLC or its
<br />trading platforms, software, voice response systems, or Internet systems. MEDSURETY, LLC shall
<br />also not be liable for processing of Plan activity where such processing directly or indirectly
<br />relates to or is conditioned upon on the actions of a party that previously provided
<br />administrative services to the Plan(s) if MEDSURETY, LLC has not received accurate information
<br />regarding the prior actions of such other party in a timely manner and/or the prior actions of
<br />such other party were in error.
<br />H. Reliance on Data & Direction. Notwithstanding any provision of this Agreement to the contrary,
<br />MEDSURETY, LLC is not responsible or liable for any acts or omissions made pursuant to any
<br />direction, consent or other request reasonably believed by MEDSURETY, LLC to be genuine and
<br />from an authorized representative of the Adopting Employer and Plan Administrator.
<br />MEDSURETY, LLC is not responsible or liable for acts or omissions made in reliance on erroneous
<br />Continuation and/or Retiree Billing 7
<br />Administrative Agreement (public sector)
<br />
<br />
|