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<br />8. � .acb and
<br />every disa .v- - meat, dispute or controvers t which remains unresolved, concerning the constxuct'on,
<br />• is Contras or the provision of dental servic y ider this Contract, arising between the
<br />interpretation, performance or breaeb G. � t� the n a , and SAFEGUARD.
<br />ORGANUATION, Member or the heir -at -lay r personal representatiN c Of such persons as
<br />participating
<br />its ernploye, off`�cers, or directors, or Dentists or their dental groups, partners, agents, or employees, shall be
<br />' accordance, with, and ursuant to, the commercial arbit�rabon rules of the American Arbitration
<br />submitted to arbitration in accordn p . � r otherv4rise. This includes, without linrriti.ion,
<br />Association then is effect# whether such dispute involves a clams �n tort, contras r contract were
<br />i bilit or mal ractice, that is a to whether any dent services rendered und. t
<br />a disputes a to pr'ofessloual l p
<br />r were improperly., ne l�ently or incompetently rendered. It also inelues, w�tlrut limitation, and
<br />unn or unauthorized rise to a clan after the termination of this Contract.
<br />act or omission which occurs during the term of this Contract but which gives
<br />(b) As a condition submission to
<br />. n o f enrollin g in the f Plan, all Members agree that all disputes will b detem n d by .
<br />�
<br />t lawsuit or resort t court except a California law provides judicial review
<br />arbitration a provided herein, and not b a la process,
<br />of arbitration proceedings.
<br />{c The locale of the arbitration shah be
<br />et of Las Angeles, aiira, unless all parries to arbitration
<br />otherwise mutually agree in westing.
<br />ward to a party, the arbitrators shall state what portion of the award shall'be
<br />(d If the arbitrators shah make an a
<br />' ute t d amages ages and Which portion shall be attributed t nor- eeonoi tae.
<br />attnb
<br />.. n notice to the President of SAFEGUARD HEALTH PLANS, INC., 505
<br />e Arbitration shall b initiated b tte l
<br />North Euclid Street, P.O. Box lo, Aahhn, California 92803 -3210. The nonce shall include a detaed description of the matter
<br />to be arbitrated.
<br />indemnify f and hold A�ZATI i harmless from and against any and all m juries,
<br />8. SAFEGUARD shall defennd, n emu which ORGANIZATION I its
<br />claims demands, mobilities, curt~ at haw r in equity, orr�drnents of any nature whatsoever, dice or
<br />third artier n-►a sustain or Inc reason of any act, neglect, default, alleged malpractice
<br />employees, representatives, agents or p
<br />inadequate care or service rendered to the Member by any Dentist or dental facility. as a
<br />waiver of one or more defaults, if any, under this Contract shall not b construed t operate
<br />The �rer b ether party
<br />' condition or covenant or any other condition r covenant contained within
<br />waiver of any otli�' or future default, ether in the �
<br />this Contract.
<br />• � either a. to serve notice on the other �n respect of this Con�c such notice
<br />. whenever it becomes necessary for eith p
<br />shall be in writing and sba.11 be served registered or certified mail, return
<br />receipt requested, addressed as indicated below:
<br />a If addressed to SAFEGUARD, it shall be addressed as follows:
<br />SAFFG ARD HEALTH PLANS, INC.
<br />505 North Euclid Street
<br />P.O. Box 321
<br />Anaheim, California 92803 -3210.
<br />fb If addressed to
<br />GAIATINs it shall be addressed as indicated in paragraph A of the Acceptance
<br />Agreement.
<br />. a The telephone number of SI�# Member services Department is � 352 -�.
<br />b The telephone number of SAFEGUA D's Client Services Department is (800) 962- 1836.
<br />• l include the plural and the plural the singular; the masculine shall include
<br />8.b Throughout this Contract, the singular shat p
<br />e neuter and feminine; and the neuter shall include the masculine and feminine. regulations
<br />.'� This Contract is subject to the Knox - Keene Health Care Service Plan Act of 1975, as mended-, an to re g
<br />• rations. Should either the law or the regulations be arnended� such
<br />issued pursuant thereto by the California foria Department o precedence over any inconsistent provision
<br />amendments shall automatically be deemed to be a part of this Contract and shall take i the
<br />' o be in this Contract by either the later or the regulations, shah automatically b
<br />or this contract. Any provision rum t
<br />parties whether or not included in this Contract. for covered services rendered by sueb
<br />Upon n termination of dental contract, SAFEGUARD shall be fable
<br />Member who retains eligibility under this Contractor by operation of �law,
<br />Dentist, other than for �opayment or exclusions t a ire rendered to the Member by such Dentist are
<br />under the care f such Dentist at the time of such termination until the services b ti
<br />completed, unless SAFEGUARD makes reasonable and appropriate provision for the assumption of such services by another
<br />Dentist.
<br />fails to pay a P.rticl ating Dentist a may be required, neither the Member nor
<br />�n e went �A��LIA.D p p the Dentist, the event Member
<br />ORGANIZATION I shall b liable to the Dentist for any sums owed by SAFEGUARD to r
<br />. and SAFEGUARD fails to pay the non
<br />��AFEAD dentist, the Member
<br />receives services from a nor- SAFEGUARD dentist,
<br />may be liable to the non-SAFEGUARD dentist for the cost of services rendered. not affect the
<br />8.1 any provision of this Contract is held to be illegal or invalid for any reason, such decision "I
<br />• - b rennin visions shall continue in full force and effect unless the
<br />validity of the remaining provisions of this Contract, and such p
<br />' invalidity prevent the accomplishment of a objectives and purposes of this Contract.
<br />illegality or � y p
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