Assurances by Group Clause Samples

Assurances by Group. If CareFirst BlueChoice distributes a Rebate to the Group, the Group will retain, use or distribute all portions of the Rebate in compliance with governing law. The Group represents and provides assurances that (i) it has made a determination regarding whether it is a group health plan that is governed by ERISA; (ii) if the Group determines that it is governed by ERISA, the Group will distribute any Rebate in accordance with its obligations under ERISA; and (iii) if the Group has determined that it is not governed by ERISA, the Group will dispose of any Rebate in accordance with its obligations under 45 C.F.R. § 158.242, as amended or restated from time to time. The Group agrees to provide CareFirst BlueChoice, upon request, with any further written assurance regarding these matters at the time any Rebate is distributed by CareFirst BlueChoice to the Group.