AMERICAN SPECIALTY HEALTH PLANS GROUP SUBSCRIBER AGMT 1998

If ASHP's payment duplicates the Medicare benefits available to Member, ASHP may seek reimbursement from the insurance carrier, provider, or Member up to the amount ASHP has paid for benefits which duplicate Medicare coverage. 13.03 CHAMPUS Benefits. Members shall furnish ASHP with information concerning any applicable benefits from the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to which Members may be entitled, upon request by ASHP. ASHP shall not furnish benefits under this Agreement which duplicate CHAMPUS benefits to which Member is entitled. If ASHP's payment duplicates CHAMPUS benefits available to Member, ASHP may seek reimbursement up to the amount ASHP has paid for benefits which duplicates such CHAMPUS coverage. 13.04 Automobile Accident or Liability CoveraEe. ASHP shall not furnish benefits under this Agreement which duplicates the benefits to which a Member is entitled under any other automobile accident or liability coverage. Member is responsible for taking whatever action is necessary to obtain the benefits of such coverage and shall notify ASHP of such coverage. If payment of services are provided by ASHP in duplication of the benefits available to Member under other automobile, accident or liability coverage, ASHP may seek reimbursement to the extent of the reasonable value of the benefits provided by ASHP from the insurance carrier, provider and Member. Should the cost of Chiropractic Services exceed any other applicable coverage pursuant to this Section 13.04, ASHP benefits shall be provided over and above such coverage. 13.05 Coordination of Benefits. All of the benefits provided under this Health Plan are subject to coordination of benefits. Coordination of benefits rules shall be applied by ASHP in accordance with the coordination of benefits regulations, and interpretive instructions, promulgated by the California Department of Corporations, as amended from time to time, which are incorporated into this Agreement. 14. MISCELLANEOUS PROVISIONS. 14.01 Governing Law. This Agreement is subject to the laws of the State of California, specifically, the Knox-Keene Health Care Service Plan Act of 1975, as amended, and the regulations promulgated thereunder by the California Department of Corporations. Any provision required to be in this contract by any of the above shall bind ASHP and Member whether or not expressly provided in this Agreement. 14.02 Use of Name in Promotional/Marketing Materials. ASHP reserves the right to control all use of its name, symbols, trademarks, or service marks currently existing or later established. However, either party may use the other party's name, symbols, trademarks or service marks with the prior written or verbal approval of the other party in advertising or other promotional materials relating to this Agreement. 14.03 Assignment. This Agreement and the rights, interests, and benefits hereunder shall not be assigned, transferred, pledged, or hypothecated in any way by either party and shall not be subject to execution, attachment or similar process, nor shall the duties imposed herein be subcontracted or delegated without the approval of the other party. Notwithstanding the above, if ASHP assigns, sells, or otherwise transfers substantially all of its assets and business to another corporation, firm, or person, with or without recourse, this Agreement will continue in full force and effect as if such corporation, firm or person were a party to this Agreement provided. such corporation, fum, or person continues to provide Chiropractic Services. 14.04 Validity. The unenforceability or invalidity of any paragraph of this Agreement shall not affect the enforceability and validity of the balance of this Agreement.