|
16. Medicare Liens. Plaintiff agrees to indemnify and hold harmless Released Parties
<br /> from any and all claims, demands, liens, subrogated interests, and causes of action of any nature or
<br /> character that have been or may in the future be asserted by Medicare and/or persons or entities
<br /> acting on behalf of Medicare, or any other person or entity, arising from or related to this
<br /> Agreement, the payment of the Settlement Amount, any Conditional Payments made by Medicare,
<br /> or any medical expenses or payments arising from or related to any Released Claims that are subject
<br /> to this Agreement or the release set forth herein, including but not Iimited to: (a) all claims and
<br /> demands for reimbursement of Conditional Payments or for damages or double damages based upon
<br /> any failure to reimburse Medicare for Conditional Payments; (b) all claims and demands for
<br /> penalties based upon any failure to report, late reporting, or other noncompliance with or violation of
<br /> Section 111 of MMSEA that is based in whole or in part upon late, inaccurate, or inadequate
<br /> information provided to Released Parties by Plaintiff or Plaintiff's Counsel or upon any failure of
<br /> Plaintiff or Plaintiff's Counsel to provide information; and (c) all Medicaid liens. This
<br /> indemnification obligation includes all damages, double damages, fines, penalties, attorneys' fees,
<br /> costs, interest, expenses, and judgments incurred by or on behalf of Released Parties in connection
<br /> with such claims, demands, subrogated interests,or causes of action.
<br /> 17. Responsibility of Known and Unknown Liens. Plaintiff or Plaintiff's Counsel agree
<br /> to satisfy any and all outstanding liens that have been incurred by or on behalf of the Plaintiff as a
<br /> result of these Actions, including but not limited to any legal, medical or employment-related liens.
<br /> Plaintiff is solely responsible for the payment of any liens which have been, are now, or in the future
<br /> may be placed on the settlement proceeds of this Agreement. In the event that any lien holder
<br /> institute, assert, or make a claim against Defendant for any claims arising from the Released Claim
<br /> or Action, Plaintiff agrees to indemnify, defend and hold harmless Defendant, their insurance
<br /> carriers, attorneys, affiliates, employees, directors and officers, whether present or former, for any
<br /> and all damages, actions, claims, or demands. The duty to defend and indemnify shall arise
<br /> immediately upon tender of the claim by Defendant.
<br /> Plaintiff agrees to indemnify, defend, and hold harmless Defendant from any and all claims,
<br /> demands, liens, subrogated interests, and causes of action of any nature or character that have been
<br /> or may in the future be asserted by Medicare and/or persons or entities acting on behalf of Medicare,
<br /> or any other person or entity arising from or related to this Agreement, the payment of the Settlement
<br /> Sum, any conditional payments made by Medicare or any other medical expenses or payments
<br /> arising from or related to any alleged accident, occurrence, injury, illness, disease, loss, claim,
<br /> demand or damages that are subject to this Agreement or the release set forth herein, including but
<br /> not limited to (a) all claims and demands for reimbursement of conditional payments or for damages
<br /> or double damages based upon any failure to reimburse Medicare for conditional payments; (b) all
<br /> claims and demands for penalties based upon any failure to report, late reporting, or other
<br /> noncompliance with or violation of MMSEA Section 111 that is based in whole or in part upon late,
<br /> inaccurate, or inadequate information provided to Defendant by Plaintiff, or upon a failure of
<br /> Plaintiff to provide information, and (c) all Medicaid liens. The indemnification obligation includes
<br /> all damages, double damages, fines, penalties, attorneys' fees, costs, interests, expenses, and
<br /> judgments incurred by or on behalf of Defendant in connection with such claims, demands,
<br /> subrogated interests, or cause of action.
<br /> 18. Reliance on Advice of Counsel. Each Party to this Agreement further acknowledges
<br /> by executing this Agreement that the Party has, or has been advised to speak independently with
<br /> counsel prior to executing this Agreement, and has had an adequate opportunity to consult with legal
<br /> counsel, and has executed this Agreement with full knowledge of its meaning and effect,
<br /> 19. Subsequent Facts. Plaintiff acknowledges that Plaintiff may hereafter discover facts
<br /> different from and in addition to those now known or believed to be true in entering into this
<br /> 4
<br />
|