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AMENDMENT TO ADMINISTRATIVE SERVICES AGREEMENT THIS AMENDMENT, entered into on akk I. -,2X* , 2008 is by and between Blue Cross and Blue Shield of Florida, Inc. (hereinafter called the "Administrator") and the Indian River County Board of County Commissioners (hereinafter called the "Employer"). In consideration of the mutual and reciprocal promises herein contained, the Administrative Services Agreement between the Administrator and the Employer (hereinafter Agreement) effective October 1, 2004 is amended as follows: 1. Section I, subsection A, is hereby amended to extend the term of the Group Health Plan until September 30, 2011 unless the Agreement is terminated earlier in accordance with the terms of the Agreement. 2. Section 3.5 has been amended to add the following paragraph: Additionally, the Employer delegates to BCBSF the discretion and authority to pursue recoveries for claims paid as a result of fraud, abuse or other inappropriate action by a third party, including the right to opt -out or opt -in the Employer from any class action. These claims include, but are not limited to, all legal claims the Employer can assert whether based on common law or statute such as RICO, antitrust, deceptive trade practices, consumer fraud, insurance fraud, unjust enrichment, breach of fiduciary duty, breach of contract, breach of covenant of good faith and fair dealing, torts (including fraud, negligence, and product liability), breach of warranty, medical monitoring, false claims and kickbacks. If BCBSF obtains.a recovery from any of these efforts, BCBSF will reimburse the Employer's pro rata share of the recovery. This share is calculated from the Employer's claims history or covered members at the time of such recovery, less the Employer's pro rata share of costs, if any, fees paid to outside counsel and any other costs a incurred in obtaining that recovery. BCBSF will not charge the Employer Z La for any costs if BCBSF does. not obtain a recovery that exceeds those 0 U costs. 0 U-1 a 3. Exhibit B to the Agreement is herby amended, effective October 1, 2008. The <`) \ revised Exhibit B is attached to this Amendment a and replaces the Exhibit B u previously attached to the Agreement. O W u 4. Except as otherwise specifically noted In this Amendment, all other terms and d Z. conditions of the Agreement shall remain unchanged and in full force and effect. < < m IN WITNESS WHEREOF, this Amendment has been executed by the duly authorized representatives of the parties. BLUE CROSS AND BLUE SHIELD Indian River County Board of County OF FLORID INC. , Commissioners By: By: Title. (/ L v� rhe .-�...�. ,c , y l Aim" Title: Date: Date: — I I.Q (4 01 P84