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In no event, however, will Delta Dental be required to initiate court proceedings to recover an Overpayment
<br />Amount or attempt to recover the amount of overpayment from the Contractor or any Eligible Person.
<br />Should it be determined that less than the correct amount has been paid under the Dental Plan by Delta
<br />Dental, then Delta Dental may ask the Contractor for additional funding to make up for the shortfall, and
<br />ensure that the Benefits under the Dental Plan are properly paid according to the ternLS of the Contractor's
<br />Dental Plan.
<br />In all cases, any methods utilized by Delta Dental to correct any benefit payment that has been deternuned to
<br />be more or less than the correct amount, shall only be performed when appropriate and permitted under the
<br />Plan documents or this Contract.
<br />R Rig,ht of Recoverv Due to Fraud. If Delta Dental pays for dental services that were sought or reeeived
<br />under fraudulent, false, or misleading pretenses or circumstances, pays a claim that contains false or
<br />misrepresented information, or pays a claim that is deternuned to be fraudulent due to the acts of the
<br />Contractor, Subscriber, and/or Eligible Dependent, it ma.y recover that payment from the Contractor,
<br />Subscriber, and/or Eligible Dependent. Contractor, Subscriber, and/or Eligible Dependent authorizes Delta
<br />Dental to recover any payment deternuned to be based on false, fraudulent, misleading, or misrepresented
<br />information by deducting that amount from any payments properly due to the Contractor, Subscriber,
<br />and/or Eligible Dependent. Delta Dental will provide an explanation of the payxnent being recovered at
<br />the time the deduction is made.
<br />S. Force Majeure. Neither Delta Dental (including its agents, directors, officers, and employees) nor the Plan
<br />shall be liable for delays in performance due to circumstances beyond their reasonable control. Each party
<br />shall be excused from performance under this Contract and shall have no liability to the other party for any
<br />period that it is prevented from perfornung any of its obligations (other than payment obligations), in
<br />whole or in part, as a result of delays caused by the other party or by an act of God, war, terrorism, civil
<br />unrest, civil disturbance, court order, labor dispute, or other cause beyond its reasonable control, including
<br />failures or fluctuations in electrical power, heat, light, or telecommunications, and such nonperformance
<br />shall not be a default under, or grounds for ternunation of, this Contract.
<br />T. Governin~. This Contract is governed by and interpreted under the laws of the State of North
<br />Carolina unless preempted by federal law. The parties further agree that jurisdiction and venue for any
<br />matter arising out of or pertaining to this Agreement shall be proper only in the state and federal courts
<br />located in Orange County, North Cazolina and Middle Dishict of the State of North Cazolina, and the
<br />parties hereby consent to such jurisdiction and venue.
<br />U. Compliance with Applicable Laws. The invalidity or unenforceability of any provision of this Contract
<br />shall not affect the validity or enforceability of any other provision of this Contract; each such other
<br />provision shall remain in full force and effect.
<br />V. This Contract may be executed in counterparts, each of which shall be deemed an original but all of which
<br />together shall constitute one and the same Contract.
<br />W. Le ag_lly Mandated Benefits. If any applicable law requires bmader coverage or more favorable treatment for
<br />the Subscriber or an Eligible Dependent than is provided by this Contract, that law shall control over the
<br />language of this Contract.
<br />X. A person whose eligibility is ternunated may not continue group coverage under this Contract, except as
<br />required by the continuation coverage provisions of the Consolidated Budget Reconciliation Act of 1985
<br />(COBRA) or comparable, non-preempted state law. An affiliate of Delta Dental also may offer coverage
<br />under an individual direct payment policy to a person whose eligibility is ternunated.
<br />Y. With notice to the Contractor, Delta Dental shall have the right, in its sole discretion, to make and
<br />implement global, universal business changes that may revise provisions of this Contract without seeking
<br />or obtaining written approval from Contractor.
<br />Revised 09/2011 1 ~
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