ARTICLE
FOUR
FPT GOVERNMENTS
4.01 Funding Agreement (top)
The Parties will enter into the Funding Agreement.
4.02 Social Benefits (top)
If a Class Member was receiving any medical, ancillary medical,
health or drug benefits on 1 April 1999, the receipt of payments
pursuant to a Plan will not affect the quantity, nature or
duration of any corresponding benefits that any Class Member
receives after such date except to the extent that such benefits
are related to the Class Member’s infection with HCV
in which case they are recoverable exclusively under Sections
4.06 and 4.07 of the Plans.
The receipt of any payments pursuant to a Plan will not affect
the quantity, nature or duration of any social benefits or
social assistance benefits payable to a Class Member pursuant
to any legislation of any PT Government referred to in Schedule
E hereto, provided that the receipt of loss of income or loss
of support payments pursuant to Sections 4.02 and 6.01 of
the Plans may have such an effect. The receipt of any payments
pursuant to a Plan will not affect the quantity, nature or
duration of any social benefits or social assistance benefits
payable to a Class Member pursuant to any social benefit programs
of the Federal Government such as old age security and Canada
Pension Plan, as such payments either are not considered or,
if considered, are otherwise exempted in the calculation of
benefits under such legislation, provided that the receipt
of loss of income or loss of support payments pursuant to
Section 4.02 or 6.01 of a Plan may have such an effect.
4.03 No Additional Liability
(top)
On and after the Approval Date, the only obligations and
liabilities of any of the FPT Governments, including their
respective past, present and future ministers and employees
and their past and present agents, and their respective successors,
under this Agreement are their obligations and liabilities
under this Article Four and the Funding Agreement. For greater
certainty, none of the FPT Governments will be liable to provide
any additional funds if the amount of funds to be provided
by the FPT Governments pursuant to this Article Four and the
Funding Agreement are insufficient to make all the payments
to be made pursuant to this Agreement including, for greater
certainty, the Plans and the Funding Agreement.
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