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2018-170
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heirs, and permitted assigns. All prior negotiations, agreements, and understandings are superseded <br />hereby. No oral statements, representations, or understanding by any person can change, alter, delete, add <br />or otherwise modify the express written terms of this Agreement, which includes the terms of coverage <br />and/or benefits set forth in the Evidence of Coverage, the Schedule of Benefits, and any other attachments, <br />amendments or riders. <br />J. Financial Responsibilities of the Group <br />We reserve the right to recover any benefit payments made to or on behalf of any individual whose <br />coverage has been terminated. Our recovery efforts may relate to benefit payments made for health care <br />services rendered subsequent to the Covered Person's termination date and prior to the date notice of <br />coverage termination is required to be made by you. Your cooperation with and support such recovery <br />efforts is required. <br />In the event that you do not comply with the notice requirements set forth in Subsection 5.A (Monthly <br />Invoice), you shall be solely liable to us for Premium due until the effective date established by CMS for <br />a Covered Person's disenrollment. <br />K. Indemnification <br />You shall hold harmless and indemnify Florida Blue, against all claims, demands, liabilities, or expenses <br />(including reasonable attorney fees and court costs), which are related to, arise out of, or are in connection <br />with any of your acts or omissions, or acts or omissions of any of your employees, retirees or agents, in <br />the performance of your obligations under this Agreement. We are not your agent, nor are you our agent, <br />for any purpose. This paragraph shall only apply to the extent allowed under Florida Statutes § 768.28. <br />L. Representations on the Group Application and the Enrollment Forms <br />We rely on the information you and your Eligible Retirees provide to determine whether to issue coverage; <br />the appropriate Premium and financing method; and eligibility for coverage. All such information must <br />be accurate, truthful, and complete. Statements made on the Enrollment Forms are representations and not <br />warranties. <br />We may cancel, terminate, or void this Agreement if the information which you provide is fraudulent, or <br />if you make an intentional misrepresentation. <br />M. Reservation of Right to Contract <br />We reserve the right to contract with any individuals, corporations, associations, partnerships, or other <br />entities for assistance with the servicing of coverage and benefits to be provided by us or obligations due, <br />under this Agreement. <br />N. Service Mark <br />You, on behalf of the Group and its Covered Retirees, hereby expressly acknowledge your understanding <br />that this Agreement constitutes a contract solely between you and Florida Blue. We are an independent <br />corporation operating under a license with the Blue Cross and Blue Shield Association, an association of <br />independent Blue Cross and Blue Shield Plans, (the "Association") permitting us to use the Blue Cross <br />and Blue Shield Service Mark in the state of Florida and that we are not contracting as the agent of the <br />10 <br />
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