88 Third-Party Liability and Right of Recovery Payment Prior to Determination of Responsibility of a Third Party The Plan does not cover, nor is it liable for, any charges or expenses incurred by a participant, his or her parent(s) and eligible dependent(s) or a representative, guardian or trustee of the participant, parent(s) or eligible dependent(s) (hereinafter, collectively “claimant”) as a result of an accident or injury for which one or more third parties (any person or entity) are, or may be, liable. However, subject to the terms and conditions of this Section, the Board of Trustees or their designee, at their discretion, may advance payment for some or all of a claimant’s medical expenses after receipt of a properly executed Reimbursement Agreement and Consent to Lien. In addition, acknowledgement of the Agreement must be provided to the Fund Office Claims Administrator, or designee by the claimant’s attorney. The reimbursement agreement and consent to lien, and Acknowledgement must be executed without alteration or any other condition. Where the Plan has made payments for an injury, irrespective of any signed written agreement, the Plan will have the right to recover from the participant the full amount of benefits paid without deductions or adjustments of any kind if the claimant obtains any settlement, judgment, arbitration or recovery from a third party or from any insurance provider or other source. In such event, the Plan will have a first lien on any such recovery and must be promptly reimbursed in full within 30 calendar days, or the claimant will have additional liability for interest and all costs of collection, including reasonable attorney’s fees. The claimant will first reimburse the Fund out of any recovery before the claimant is entitled to any portion of the recovery and without regard to the extent of the recovery that has been, or may be, provided to the claimant. As noted above, the Plan has the right to recover the full amount of benefits paid by the Plan, without deductions or adjustments of any kind. For example, there is no deduction or adjustment for attorney’s fees incurred by the claimant in obtaining the settlement, judgment, arbitration or recovery. The Plan’s lien is not reduced by any such attorney’s fees. Regardless of the sufficiency of any recovery, the Plan is not subject to any state law doctrines, including but not limited to, the common fund doctrine, which would purport to require the Plan to reduce its recovery by any portion of a claimant’s attorney’s fees and costs. The Plan is also not subject to the make whole doctrine or other similar doctrines which purport to subject the Plan’s recovery to the claimant’s full compensation for all of his Injuries. In the event the claimant fails to reimburse the Fund from proceeds received from a third party, the Fund will also have the right to withhold future benefits equal to the amount otherwise due the Fund, plus interest and the costs of collection including attorneys’ fees incurred by the Fund. Reimbursement and Consent to Lien Every claimant, on whose behalf an advance may be payable, must execute and deliver to the Fund a reimbursement agreement and consent to lien in the form provided without alteration. Claimants must do whatever is necessary to protect the Fund in obtaining reimbursement and/or its subrogation rights. Each such claimant must promptly notify the Fund Office if he or she makes a claim or brings an action against a third party or if he or she obtains any settlement, judgment, or other recovery from any source. If a claimant does not execute a reimbursement agreement or consent to lien for any reason, it will not waive, compromise, diminish, release or otherwise prejudice any of the Fund’s reimbursement rights if