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REIMBURSEMENT AND/OR SUBROGATION: The Plan Sponsor may be entitled to recover from third parties, such as another person, entity or insurance company, for payments made on behalf of Covered Persons by Medical Mutual of Ohio under the stop loss provisions of this Contract. If the Plan Sponsor recovers from a third party, it must account for and repay to Medical Mutual of Ohio any recovered amounts attributable to Medical Mutual of Ohio's stop loss coverage regardless of whether this Contract is still in effect on the date of recovery. Such recovered amounts cannot be applied to any threshold or maximum under this Contract in the year in which the subrogation recovery is made. If the claims that gave rise to the subrogation claim were incurred in any year in which Medical Mutual of Ohio reimbursed the Plan Sponsor under the terms of an Aggregate Stop Loss arrangement, the Plan Sponsor must reimburse Medical Mutual of Ohio first, subject to the provisions below. The amount of reimbursement shall be the amount recovered up to the amount in excess of the Aggregate Stop Loss threshold in effect in the year in which the claim or claims were incurred. If the claim or claims that gave rise to the subrogation claim were incurred under a Specific Stop Loss arrangement, the Plan Sponsor must repay to Medical Mutual any amounts paid by Medical Mutual under the Specific Stop Loss contract. If the subrogation recovery is less than the total amount paid by the Plan and Medical Mutual of Ohio to a provider or Covered Person, Medical Mutual of Ohio is entitled to recover a pro rata share of any amount recovered by the Plan. Medical Mutual of Ohio's pro rata share is to be based upon the percentage of inedical costs paid by Medical Mutual of Ohio under Specific Stop Loss for Covered Services on behalf of the Covered Person at the time the claim was incurred, after deducting expenses of collection incurred by the party pursuing the claim. The Plan Sponsor shall notify Medical Mutual of any subrogation recoveries. Should the Plan Sponsor fail to pursue any valid claim against third parties and Medical Mutual of Ohio was liable to reimburse the Plan Sponsor under Aggregate or Specific Stop Loss arrangements, then Medical Mutual of Ohio shall be subrogated to all of the Plan Sponsor's rights. 10. GENERAL PROVISIONS AMENDMENTS TO THE PLAN: Notice of proposed changes to the Plan must be received by Medical Mutual of Ohio in writing at least thirty (30) days prior to the effective date of the change. Unless Medical Mutual of Ohio gives prior acceptance of any change to the Plan in the form of an Amendment, benefits will be payable under this Contract as though the Plan were not amended. Medical Mutual of Ohio may elect to exclude any changes from the provisions of this Contract or modify the Stop Loss Rates, attachments, thresholds or maximums shown on Exhibit A. CCX0202 Page 8 090102 03 eCityofNorthOlmstedSL