NlCA Sample Clauses

NlCA. Nothing in this Agreement shall be construed as a waiver of any law related to Florida's Birth-Related Neurological Injury Compensation Plan (Florida Statutes 766.301 - 766.316, hereinafter the ''Plan"). If a request to submit a claim to the Plan is made by any party to this Agreement, all arbitration proceedings shall be stayed until it is determined whether the claim filed with the Plan is compensable. In accordance with the Plan, claims for "birth-related neurological injury", as defined by the Plan, shall be the exclusive remedy except that a civil action shall not be foreclosed and shall be submitted to binding arbitration in accordance with this Agreement where there is clear and convincing evidence of bad faith or malicious purpose or willful and wanton disregard of human rights, safety or property, provided that such suit is filed prior to and in lieu of payment of an award under the Plan and provided that such suit shall be filed before the award of the Division of Administrative Hearings becomes conclusive and binding.
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