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Agmt78 California Dental Servic
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Agmt78 California Dental Servic
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Last modified
7/5/2005 2:53:23 PM
Creation date
6/10/2002 11:21:37 AM
Metadata
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Template:
Agreement
Contractor Name
California Dental Service
PROJECT NAME
Dental Care Service
RMP File Number
304
Date
3/15/1978
Reso Ref
7766 8022
Amendment
Yes
Box
2450
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7.03 CDS shall make no payment for any services provided to a patient who is not an Eligible Person hereunder at the time <br /> of providing the service, except to the extent of services provided during an unrevoked period of authorization issued <br /> by CDS pursuant to paragraph 7.02 of this Article, and except for completion of Single Procedures which were com- <br /> menced at the time a patient was eligible, or was entitled Benefits by reason of such authorization. Applicants shall <br /> reimburse CDS for any erroneous payments made as a result of incorrect eligibility reporting by Applicant. <br /> <br /> 7.04 CDS shall provide professional review of the adequacy of services provided by Participating Dentists. <br /> <br /> 7.05 CDS shall furnish to Applicant on the Effective Date of this Contract and at reasonable times thereafter a directory of <br /> Participating Dentists who have agreed to provide the services described in this Contract. It is understood that the <br /> composition of such directory may be subject to change from time to time, and CDS reserves the right to change the <br /> directory without prior notice to the Applicant, but shall give notice within a reasonable time of any provider's termi- <br /> nation or breach of contract, or inability to perform, which will materially and adversely affect Applicant. Current <br /> information concerning the Participating Dentist status of any Dentist may be obtained by telephoning the CDS Mere- <br /> bership and Fee Listing Department at (415) 864-9800. The Dentists providing or contracting to provide dental services <br /> under this Contract shall be solely responsible therefor, and in no case shall CDS or Applicant be liable for any act or <br /> omission by such Dentists, their agents or employees. <br /> <br /> 7.06 CDS will issue to Applicant, and Applicant will make available to each Eligible Employee, an evidence of coverage <br /> summarizing the Benefits to which the employee is entitled and other provisions of this Contract. If any amendment <br /> to this Contract shall materially affect any Benefits described in such evidence of coverage, a corrected evidence of <br /> coverage, riders, or inserts showing the change shall be issued. <br /> <br />ARTICLE VIII - GENERAL PROVISIONS <br /> <br /> 8.01 No agent has authority to change this Contract or waive any of its provisions. No change in this Contract shall be valid <br /> unless approved by an exl~cutive officer of CDS and evidenced by endorsement hereon. <br /> <br /> 8.02 Any dispute arising out of or relating to this Contract or the breach thereof between Applicant, CDS, a Participating <br /> Dentist, an Eligible Person or any of them shall be settled by arbitration in accordance with the Commercial Arbitra- <br /> tion Rules of the American Arbitration Association in Los Angeles or San Francisco. Arbitration may be initiated by <br /> any party to a dispute by giving notice to each other party to such dispute of the intention to arbitrate, and by filing <br /> two copies of such notice with the American Arbitration Association Regional Office in Los Angeles or San Francisco, <br /> and by complying with other applicable provisions of the Association's Rules. <br /> <br /> 8.03 If any portion of this Contract or any Amendment thereof shall be determined by any arbitrator, court or other com- <br /> petent authority to be illegal, void or unenforceable, such determination shall not abrogate this contract or any portion <br /> thereof other than such portion determined to be illegal, void or unenforceable, and all other portions of this Contract <br /> shall remain in full force and effect. <br /> <br /> 8.04 The parties agree that all questions regarding the interpretation or enforcement of this Contract shall be governed by <br /> the laws of the state of California, where the Contract was entered into and is to be performed. CDS is subject to the <br /> requirements of Chapter 2.2 of Division 2 of the California Health and Safety Code and of Subchapter 5.5 of Chapter 3 <br /> of Title 10 of the California Administrative Code. Any provision required to be in this Contract by either of the above <br /> shall bind CDS, whether or not provided in this Contract. <br /> <br /> 8.05 Both parties to this Contract agree to consult to the extent reasonably practical concerning all material published or <br /> distributed relating to this Contract. No such material shall be published or distributed which is contrary to the terms <br /> of this Contract. <br /> <br /> 8.06 Both parties to this Contract agree to permit and encourage the professional relationship between Dentist and patient <br /> to be maintained without interference. <br /> <br /> 8.07 Any notice under this Contract shall be sufficient if given by either Applicant or COS to the other (or in the case of <br /> Applicant, to its Designated Agent) addressed as stated on page 2 of this Contract, and shall be effective 48 hours after <br /> deposit in the United States mail with postage fully prepaid thereon. <br /> <br /> -10- <br /> 11-77 AD/R ET/PSE <br /> <br /> <br />
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