TEN has the right to be
reimbursed by you for the value of benefits/services provided pursuant to this
Agreement if you have been or are entitled to be reimbursed for
benefits/services provided by TEN from a source that includes but is not
limited to: a person or entity legally responsible for the accident, injury or
illness; liability and/or premises medical payments coverage; automobile
no-fault or medical payments coverage; uninsured or underinsured motorist
coverage.
In the event that you present and/or pursue a claim for injuries for which
benefits were paid by TEN, you acknowledge that the amount of TEN’S payments to
you or on your behalf pursuant to this Agreement constitutes a lien to be
repaid from any recovery you may obtain or that may be obtained on your behalf,
regardless of the source of that settlement or recovery and regardless of how
those payments are allocated by the terms of the settlement or recovery.
Furthermore, you hereby acknowledge that TEN is entitled to be repaid the full
amount of its lien out of any such settlement or recovery, without any
deduction for counsel fees and costs, unless TEN agrees in writing to be bound
by the terms of representation proposed by counsel of your choice. It is
specifically recognized, however, that under no circumstances will you be
required to reimburse any amount greater than you receive by way of recovery or
settlement.
This reimbursement obligation is primary to any other allocation of proceeds
received from any settlement or recovery that you obtain or that is obtained on
your behalf.