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Third Party Recovery Provision Right of subrogation and refund When this Provision Applies A Covered Person may incur medical or dental charges due to injuries caused by the act or omission of a third party and/or a third party may be responsible for payment. In such circumstances, the Covered Person may have a claim against that third party, or insurer, for payment of the medical or dental charges. Reimbursement/Refund Rights As a condition of receiving benefits under the Plan, if the plan contains a subrogation provision a Covered Person automatically assigns and transfers to the Plan any rights the Covered Person may have to recover payments from any third party or insurer (including, but not limited to such Covered Person's own insurer(s)), for funds paid or payable under the Plan as a result of personal injury or reimbursement of medical expenses. Further, in the event the Covered Person receives any funds from a judgment, settlement or otherwise from any other person, business entity or any other source, the Covered Person shall first repay the Plan in full as the first priority party, for any benefits paid by this Plan. Subrogation Rights As a condition of receiving benefits under the Plan, a Covered Person recognizes, transfers, conveys and otherwise authorizes the Plan to directly pursue any claim which the Covered Person has against any third party, or insurer, whether or not the Covered Person or Dependent chooses to pursue that claim. Plan's Priority Over Funds The Covered Person agrees to recognize the Plan's right to subrogation and reimbursement. These rights provide the Plan with a priority over any funds paid by a third party to a Covered Person relative to the Injury or Sickness, including a priority over any claim for non-medical or dental charges, attorney fees, or other costs and expenses. This priority shall be enforceable even if the Covered Person is not made whole by the available recoveries, and shall be considered a lien against such recoveries until the Plan is repaid in full. Amount Subject to Subrogation or Refund The Plan's priority to funds, subrogation and refund rights, and any/all rights assigned to it, is limited to the extent to which the Plan has made, or will make, payments for medical or dental charges as well as any costs and fees associated with the enforcement of its rights under the Plan. Agreement to Assist In Enforcing Rights Covered Person(s) under the Plan agree to: (1) inform the Plan in writing within sixty (60) days of their claim against third parties, entities and/or insurers for benefits; (2) furnish information and assistance regarding the existence and status of such claims; and (3) to execute any documents as the Plan may require to enforce its rights under this Plan. Covered Person(s) also agree to take no action which may prejudice the rights or interest of the Plan under the Plan Document. Failure to comply with these provisions will be considered a material breach of the Plan Document and may result in the Covered Person(s) being personally responsible for reimbursing the Plan, and/or lead to a denial of all further Plan benefits.