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4.8 Compliance with Laws, Rules and Regulations. TPA is responsible for full and complete compliance with all laws, rules, and regulations, including those of the Florida Department of Financial Services, which may be applicable to it. Failure or inability on the part of TPA to comply with such laws, rules, and regulations (including failure to obtain Department of Financial Services approval) shall not relieve TPA from its obligation to perform completely in accordance with this Agreement. 4.9 Default. In the event of default, which may include, but is not limited to non-performance and/or poor performance of this Agreement, TPA shall lose eligibility to transact new business with IRC for a period of 14 months from date of termination of this Agreement by IRC. 4.10 Public Records. IRC is a public agency subject to Chapter 119, Florida Statutes. TPA shall comply with Florida's Public Records Law. Specifically, TPA shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by IRC in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that IRC would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to IRC all public records in possession of TPA upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to IRC in a format that is compatible with the information technology systems of TPA. Failure of TPA to comply with these requirements shall be a material breach of this Agreement. Each Party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each Party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorneys' fees attributable to the party's non- compliance with that law. This section will survive the termination of this Agreement regardless of the cause giving rise to such termination. 4.11 Access to Claim Files. TPA shall provide IRC real-time, electronic, internet-based access to all claim files, including all adjuster notes, supervisory notes, field case management notes, diary items, payment records, medical bills and expense bills. The TPA will provide IRC with all needed access to internet based information system, except that if access is desired for other than IRC employees or defense counsel, it will be granted based upon mutual agreement of TPA and IRC. 93