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physician, health care provider, insurance carrier, Medicare, Medicaid, Medi-Cal, or any
<br />governmental agency or other personal agent. Upon receipt of any such lien claim by
<br />Defendants or their Insurers or Third Party Administrators (including by their attorneys) the
<br />receiving party(ies) shall tender the claim to Plaintiff, who covenants and agrees that upon tender
<br />she shall resolve such claim(s) or defend and indemnify (at their sole cost and expense through
<br />counsel of Defendant's choice) Defendants, their insurers and/or third party administrators, their
<br />attorneys, representatives, agents, assigns, or successors in interest from any and all such claims,
<br />demands, actions, causes of action, suits or complaints, that may be brought by any person(s),
<br />firm, corporation, or other entity(ties) against Defendants, their insurers and/or third party
<br />administrators, their attorneys, representatives, agents, assigns, or successors in interest, for
<br />failure of Plaintiff to satisfy the payment of any liens referred to above. Should Plaintiff
<br />undertake the defense of any lien claim asserted against Defendants, or their insurers and/or third
<br />party administrators, attorneys, representatives, agents, assigns, or successors in interest those
<br />parties shall fully cooperate with Plaintiff in defense of said claims. It is further understood and
<br />agreed by the parties that should Plaintiff undertake the defense of any lien claim asserted
<br />against the released parties, and such lien claim is subsequently found to be invalid as against
<br />Defendants, or their insurers and/or third party administrators, attorneys, representatives, agents,
<br />assigns, or successors in interest, they hereby assign to Plaintiff, for her sole benefit, any legal
<br />rights to pursue or claim and any and all legal remedies which they may have against the person
<br />or entity asserting the invalid lien.
<br />6.2 Plaintiff expressly releases and further waives her right to any claim or
<br />cause of action against Defendants, their insurers and/or third party administrators, and their
<br />attorneys, representatives, agents, assigns, or successors in interest for any claim that Plaintiff
<br />may currently have or that arises in the future pursuant to the Medicare Secondary Payer Act -
<br />Private Cause of Action as codified in 42 U.S.C. §1395y(b)(3)(A) related to the claims and
<br />events addressed in this Settlement Agreement and subject to the release set forth above.
<br />Plaintiff further agrees to both defend at her sole cost and expense and through counsel of their
<br />choice, Defendants, their insurers and/or third party administrators, their attorneys,
<br />representatives, agents, assigns, or successors in interest and to hold harmless Defendants, their
<br />insurers and/or third party administrators, their attorneys and their representatives, agents,
<br />assigns, or successors in interest from any claim, lien, or cause of action brought by any entity
<br />pursuant to the Medicare Secondary Payer Act (42 U.S.C. § 1395y(b)) related to this claim
<br />through payment of any judgment thereon.
<br />6.3 Plaintiff is responsible for all future medical care arising out of, in any
<br />way related to or in connection with the Incident which is the basis of the Litigation.
<br />7.0 Entire Agreement and Successors in Interest
<br />7.1 This Settlement Agreement is fully integrated and contains the entire
<br />agreement between and among the Plaintiff, Defendants, and the settling insurers with regard to
<br />the matters set forth in it and shall be binding upon and inure to the benefit of the executors,
<br />administrators, personal representatives, heirs, successors and assigns of each.
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