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Whenever•payments ave been made by G.O.H.S, with ,oect,•~to covered medica~ ~ <br />expense in;a to amount, at any time, in exce the maximum amount of- <br />payment necessar at that time to satisfy the ~ent,~of this provision, <br />irrespective .of to whom` paid, G.O.H,S, shall have.-th'e ;right to recover such <br />payments to the extent of such excess,~from among-: one or more of the <br />following as G,O.H.S. :shall determine: Any` persons~ to or:for or with <br />respect to whom such payments were made, any insurance~;companies,:any other <br />organizations. The member for him or herself end on.behalf of hfs or her <br />dependents shall, upon ,request, execute and deli,ver sucfi i.nstruments and <br />papers as may be required and-do whatever else:is necessar_y to secure such <br />rights to G.O.H.S. . ,: _-_. <br />THIRD PARTY LIABILITY <br />In the event any person:covered by this.,agreement incurs any condition for <br />which one or more third parties may be responsible: . <br />I. G.O.H.S, sha11 be entitled to the fu1T`extent of its payment for <br />benefits :for such condition, to the,.proceeds -o:f .any settlement or <br />judgment.that may result from the ezercise:of any rights of recovery of <br />such person against such third party. <br />2. Such person, shall hold such rights of recovery.,in trust for G:O.H.S., <br />but only to the extent of its payments for such benefits. <br />3. Such person shall,execute and deli~er to G.O.H.S. such instruments and <br />papers submitted by G.O.H.S. as may be appropriate to-secure the rights <br />and obligations ~of .such person and G.O.H.S. established by this <br />provision. The execution of an agreement, to,hold :reco`very proceeds in <br />trust for G.O.H.S. shall be a condition precedent to the furnishing of <br />benefits for such condition by G.O.H.S, ; <br />4. G.O.H.S, shall pay out of such proceeds._-actually recovered a <br />proportionate share of any attorney's fees; not exceeding the minimum <br />fee schedule of the Oregon State Bar, incurred in effecting collection <br />from a third party or his insurer. <br />NONOUPLICATION OF MOTOR VEHICLE COVERAGE <br />Oregon Law 1971, Chapter 523, referred to hereafter together with any <br />subsequent modifications as 'said law', _requires motor vehicTe liability <br />policies to provide certain medical payments insurance for the,insured and <br />members of his family residing in the same household as;primary coverage. <br />To the extent that benefits otherwise furnished under..this agreement are <br />included in the medical payments coverage of the member or family member, <br />G.O.H.S, shall not furnish such benefits, but the G.O.H.S, benefits shall be <br />excess coverage over and above such medica;l peyments covera,ge of the member <br />or family member. , <br />13 <br />