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(d) To make periodic checks as to the adequacy of care provided by dentists through local denta~ consultants and committees of local dentists appointed by CDS. (e) To refund to the Employer any erroneous payments made as a result of incorrect eligibility reporting, less any amounts paid or otherwise discharged by CDS for dental services provided to such ineligible persons as a result of incorrect reporting. In the event that amounts paid or otherwise discharged by CDS exceed the amount of any erroneous payments made by the Employer, a dues payment account shall be maintained, and the difference between the amounts paid or otherwise discharged by CDS and the amounts of erroneous payments made by the Employer shall be credited against any refunds the Employer may later request. Such accounts shall be settled semi-annually from the anniversary date. 3. (a) If an eligible patient is eligible for coverage under two or more CDS dental care programs, and more than one of said programs provide coverage for a particular service, CDS will pay the aggregate sum payable under all applicable programs, but not more than the lesser of the usual, customary &nd reasonable fee or the fee actually charged for such service and will prorate the cost thereof between the applicable programs, provided, that no program shall be charged with a greater amount than the amount for which it would be liable if such dual coverage did not exist. (b) If an eligible patient is entitled to coverage under one or more group insurance policies or group prepaid health care programs, other than a CDS dental care program, then the benefits of this Agreement shall be provided as follows: (i) If the other policy or program(s) primarily cover services or expenses other than denta~ care, then CDS shall be primary. (ii) If the other coverage is by a dental insurance policy or prepaid dental care program, the policy or program covering the patient as an employee shall be primary over the policy or program covering the patient as a dependent and the policy or program covering the patient as a dependent child of a male person shalt be primary over the policy or pro- gram covering the patient as a dependent of a female person. (iii) When primary coverage cannot be determined according to (i) and (ii) above, the program which has covered the eligible patient for the longer period of time shall be primary. If the program provided by this Agreement is "primary", as provided above, CDS shall provide benefits without regard to any other policy or program, and if the program provided by this Agreement is not "primary", CDS shall provide benefits only to the extent that the benefits obtained from such other insurance or program are inadequate to provide fu~l payment for the services which are benefits provided by this Agreement. (c) If an eligible patient is injured through the act or omission of another person CDS shall provide the benefits of this Agreement only on condition that the eligible patient shall agree in writing: (i) To reimburse CDS to the extent of such benefits immediately upon collection of damages by him, whether by action at law, settlement or otherwise, and, (ii) To grant COS a lien, to the extent of such benefits on any such action at law, settlement or right to recovery. (d)ln no event shall the provisions of this paragraph 3 operate to increase the liability of CDS beyond the benefits for which it might otherwise be liabie in the event this paragraph did not apply. 4. Neither EMPLOYER nor CDS shall be liable for any act or omission by a dentist, his employees or agents, or any person performing dental or other professional services under this Agreement. 5. Participating dentists shall be obligated to schedule and provide all dental treatment for eligible patients in accor- dance with the applicable standards of the dental profession in their community and to charge no more than the usual, customary and reasonable fee therefor. CDS is authorized to exclude from participating in the services provided by this Agreement any dentist who persistently fails to comply with the obligations of participating dentists hereunder. 6. CDS may require, as a condition for payment for services, that reasonable evidence of the extent or character of services be submitted or that an eligible patient be examined by a dental consultant retained by CDS in or near his community of residence. 7. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, by or between either or both parties to this Agreement, dentists, eligible patients or any of them, shall be settled by arbitration by a single arbitrator to be selected by the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 3-76-N-2