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Docusign Envelope lD: 7 4E827C5-FAB8-8084-827C-414AD59920A0 NPDB. The appeal right, Fair Hearing process, and the requirement to rcport to the V/ashington Medical Commission and NPDB are described in Health Plan's Fair Hearing Plan. 5.10 Arbitration. Health Plan and Provider agree, as a condition precedent to the commencement of any civil action in any court of competent jurisdiction, to submit to mbitmtion all disputes arising from or rclated to this Agreement and the rendition of services to Members pursuant to this Agreement which are not otherwise resolved pursuant to the processes set forth at Sections 2.8(g) or 5.8; ptovided, however, that arbitration shatl not be utilized to adjudicate matters that primarily involve review of Provider's professional compet€nce or professional conduct, and shall not be available as a mechanism for appeal of any determinations made as to suoh matters. Arbitration shall proceed according to the rules and regulations of JAMS Optional Arbitration Appeal Procedure, then in effect, and shall be conducted in King County, Washington, The arbitrator shall have no authority to awat'd damages or provide a remedy that would not be available to such prevailing party in a court of law, Nor shall the arbitrator have the authority to award punitive damages. The parties recognize that the arbitrator's decision is not binding and that either party may seek judicial remedies following the arbitration of a dispute. The panel of arbitrators shall be selected as follows: one arbitrator shall be designated by Health Plan; one arbitrator shatl be designated by Provider; and the third arbitratorshall be selected by flre arbitrators designated by Provider and Health Plan. Health PIan and Provider shall divide and share equally the cost of arbitration. Each party shall be responsible for its own attorneys' fees, 5.11 Attachments. Each of the Attachments and Exhibits (as selected) and identified below is hereby made a part of this Agreement: EAttachment I - Required Provisions (Health Care Service Plans) EAttachment 2 - Required Provisions (Health Care Authority) EAttachment 3 - Medicare Program Requirements-Health Care Services EAttachment 4- Molina Marketplace - Laws and Govemment Program Requirements EAttachment 5 - Indian Health Care Providers Medicaid/CHIP Provisions lAttachment 6 - Delegated Services Addendum (Version l) lAttachment 6 - Delegated Services Addendum (Version 2) (Facility/HDO) nAttachment 6-A - Information Security & Cybersecurity for Delegated Services XExhibit 1-A Compensation Schedule Medicaid (Version 1) !Exhibit l-A Compensation Schedule Medicaid (Version 2) !Exhibit 1-A Compensation Schedule Medicaid (Version 3) !Exhibit 1-A Compensation Schedule Medicaid (Version 4) lExhibit 1-B Compensation Schedule Medicare (Version 1) trExhibit 1-B Compensation Schedule Medicare (Version 2) lExhibit l-C Compensation Schedule Molina Marketplace (Version l) trExhibit l-C Compensation Schedule Molina Marketplace (Version 2) !Exhibit l-C Compensation Schedule Molina Marketplace (Version 3) nExhibit l-C Compersation Schedule Molina Marketplace (Version 4) trExhibit l-C Compensation Schedule Molina Marketplace (Version 5) trExhibit l-C Compensation Schedule Molina Marketplace (Version 6) 5.12 Conflict with Ilealth Plan Product. Nothing in this Agreement modifies any benefits, terms or conditions conlained in the Member's Health Plan Product. In the event of a conflict between this Agreement and the benefits, terms, and conditions of the Health Plan Product, the benefits, terms or conditions contained in the Member's Health Plan Product shall govern. 5,13 Dxecution in Counterparts trnd Duplicates. This Agreeurent rnay be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument, The Parties agree facsimile signatures, pdfsignatures, photocopied signatures, electronic signatures, or signatures scanned and sent via email will have the same effect as original signatures. MHWPROV22.3 MHWPSAiRevis ed. Jarn 2A4 Page 16 of25