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CorVel is not in any way to be deemed an insurer, underwriter or guarantor with respect to any benefits <br />payable under Customer's workers' compensation program. <br />(h) CorVel may rely on instructions received from such person or persons as Customer may from time to <br />time designate in writing, provided that no such instruction may vary the terms of this Agreement. <br />Unless otherwise directed by Customer or precluded by law, CorVel shall seek subrogation recoveries <br />on behalf of Customer and shall provide Customer with any recoveries obtained, minus the attorneys' <br />fees and costs incurred in obtaining such recoveries. Customer represents and warrants that its workers' <br />compensation program provides for rights of subrogation. Customer delegates and/or assigns these <br />subrogation rights and third party recovery rights to CorVel as its agent for purposes of subrogation <br />only. Customer shall assist CorVel in its subrogation efforts by providing requested information and <br />documentation. CorVel may engage the services of a subrogation management firm to assist with the <br />identification and management of subrogation cases. The fees charged by the subrogation management <br />firm will be deducted from any recovery. In those cases where the subrogation recovery efforts of the <br />claimant's attorney should be compensated, Customer delegates to CorVel full authority to act on behalf <br />of the Customer to negotiate reasonable attorneys' fees. In those instances where Customer's <br />subrogation lien, in the opinion of CorVel, should be compromised or abandoned, Customer delegates <br />to CorVel full authority to act on behalf of Customer to compromise or abandon the lien. Any <br />determination by CorVel with respect to subrogation liens shall be final and conclusive, unless <br />overturned by order of a limited arbitrary and capricious standard of review. <br />(j) CorVel shall consult and cooperate with Customer with respect to any loss or claim resulting in a lawsuit <br />being instituted against Customer. Nothing in this paragraph shall be construed in any way as a waiver <br />by CorVel of any attorney/client, work product or other applicable privilege with respect to any materials <br />or documents prepared by CorVel or its counsel in anticipation of litigation. <br />(k) CorVel shall assist, cooperate and participate with Customer, carriers and reinsurers in connection with <br />claim reviews and audits and catastrophic injury claim analysis and excess claim related reporting. <br />IX. SERVICE CRITERIA, STANDARDS AND GUIDELINES <br />(a) Assignments: Customer will notify CorVel, either via CareMC, telephone or facsimile, that Customer's <br />employee has sustained a work related injury. All new Lost Time claims will be acknowledged and <br />established by CorVel within the next business day following such notice. The acknowledgement will <br />included the name and contact information of the assigned Adjuster. <br />(b) Contacts: As warranted, and always with regard to lost time, or anticipated lost time claim situations, <br />initial contact with the injured employee will be made within the next business day following receipt of <br />a new assignment claim. Contact with the Physician, and employer, if required will be made by the next <br />business day. <br />(c) Investigation: Completed and documented within 30 days from date of assignment. <br />(g) <br />(i) <br />City of Everett, WA — CorVel EC Amendment 3 7-25-2022 <br />