McKesson 2005 Annual Report Download - page 209

6. Participant’s Obligations.
If any Participant is injured through the act or omission an any third person, or if expenses relating to an injury are reimbursable under a
contract of no fault automobile insurance, the Participant shall receive benefits under the Plan only on the condition that the Participant agrees
in writing to the following:
a. To reimburse the Plan for the full amount of the Third Party Expense, not to exceed the amount of recovery received from the third
party or no fault automobile insurance. The Company has the discretion to agree to a lesser amount of reimbursement, if determined to be in
the best interest of the Plan. Such amounts shall be payable immediately upon the receipt of any damages collected against a third party or
under no fault automobile insurance, whether in a legal judgment, settlement or otherwise; provided, however, that such reimbursement shall
not include reasonable expenses in collecting such amount, including reasonable attorneys’ fees; and
b. To execute and deliver, at the request of the Claims Administrator, such instruments, including an assignment to the Claims
Administrator of any and all claims to recover amounts from any person for a Third Party Expense up to the amount of any benefits that would
be paid under the Plan for such Third Party Expense, and do whatever else is reasonably necessary to secure the Plan’s rights to reimbursement
out of such proceeds and
c. To provide the Plan with a lien and order directing reimbursement of medical payments against any damages collected against a third
party or under no fault automobile insurance, whether in a legal judgment, settlement or otherwise provided, however, that such reimbursement
shall not include reasonable expenses in collecting such amount, including reasonable attorneys’ fees. Said lien and order shall be equal to the
total amount of all benefits paid under the Plan; and
d. To agree to a credit against payments to be made under the Plan in the future equal to the amount of any damages collected against a
third party or under no fault automobile insurance, whether by legal judgment, settlement or otherwise, less any amount paid to the Plan
pursuant to (1) above.
In the event that the Participant fails to comply with the requirements of this Section, such Participant shall not be eligible to receive any
further benefits under the Plan until such Participant has so complied.
The Plan shall have the right to intervene in any suit or other proceeding to protect the reimbursement rights hereunder. The Participant
shall be responsible for all fees of the attorney handling the claim against the third party.
M. SOURCE OF CONTRIBUTIONS
1. Insurance Contract. Benefits under the Plan are provided pursuant to an insurance contract or contracts. Nothing contained in this Plan
shall be deemed to create a trust of any kind for the benefit of any Executive or Beneficiary, or create any fiduciary relationship between the
Company and any Executive or Beneficiary with respect to any assets of the Company.
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