What Else Do I Need to Know? © 2026 Surest. All Rights Reserved . 85 equitable lien on any amount of the Recovery of the Participant whether or not designated as payment for medical expenses. In addition, each Participant agrees to hold Recoveries in a constructive trust for the benefit of the Plan/Surest Plan. The equitable lien and constructive trust shall remain in effect until the Plan/Surest Plan is repaid in full. In the event that the Participant(s) dies as a result of their injuries and a wrongful death or survivor claim is asserted against a Third Party, the Plan’s/Surest Plan's Subrogation and Refund rights shall still apply. Assignment of Interest and the Plan’s/Surest Plan's Recovery Right The Participant: • Automatically assigns to the Plan/Surest Plan their rights against any Third Party when this provision applies. • Must repay to the Plan/Surest Plan the Benefits paid on their behalf out of any Recovery. Each Participant is individually obligated to comply with the provisions of this section. When a Participant receives or claims Plan/Surest Plan Benefits for an illness or injury caused by another, the Participant agrees to immediately reimburse the Plan/Surest Plan from any Recovery for Benefits paid out by the Plan/Surest Plan. Make Whole and Common Fund Doctrines Inapplicable The Plan/Surest Plan expressly disavows and repudiates the make whole doctrine, which, if applicable, would prevent the Plan/Surest Plan from receiving a Recovery unless a Participant has been "made whole" with regard to illness or injury that is the responsibility of a Third Party. The Plan/Surest Plan also expressly disavows and repudiates the common fund doctrine, which, if applicable, would require the Plan/Surest Plan to pay a portion of the attorney fees and costs expended in obtaining a Recovery. These doctrines have no application to the Plan/Surest Plan since the Plan’s/Surest Plan's Refund rights apply to the first dollars payable by a Third Party. Duty to Cooperate Participants are required to cooperate with the Plan Administrator to effectuate the terms of this section. Specifically, it is the Participant's obligation at all times, both prior to and after payment of medical Benefits by the Plan/Surest Plan: • To cooperate with the Plan/Surest Plan, or any representatives of the Plan/Surest Plan, in protecting the Plan’s/Surest Plan's rights, including discovery, attending depositions, and/or cooperating at trial. • Provide prompt notice to the Plan/Surest Plan when a claim is made against a party for illness or injury. • To provide the Plan/Surest Plan with pertinent information regarding the illness, disease, disability, or injury, including accident reports, settlement information, and any other requested additional information. • To take such action and execute such documents as the Plan/Surest Plan may require to facilitate enforcement of its Subrogation and reimbursement rights.