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EXHIBIT C NIRS 17B:27B-6(c) EDH hereby represents and warrants to Sponsor that EDH has, and during the NJAC 11:23-3.1(c)(3)(iv) term of the Agreement will maintain, general liability insurance, valuable papers insurance, errors and omissions coverage, and such other coverage as required under NJAC 11:23-3.1(c)(3)(iv) in connection with EDH's performance of its obligations under the Agreement. MRS 17B:27B-6(c) EDH will make all records referred to the Agreement, including, without NJAC 11:23-3.1(c)(3)(v)&(vi) limitation, claims disbursements and experience records, available for the Sponsor's inspection from time to time during normal business hours. In addition, the claims disbursements and experience records will be available at Sponsor's request, including monthly reports if requested. NJAC 11:23-3.1(c)(3)(vii) To the extent applicable, EDH will prepare and provide to Sponsor all the data for any prompt -pay reports as may be required for Sponsor to comply with New Jersey law. No prompt -pay penalties are provided for under the Agreement. NIRS 17B:27B-7(b) Sponsor shall own the records generated by EDH pertaining to Sponsor, except NJAC 11:23-3.2(b) that EDH shall retain the right to continuing access to books and records to permit EDH to fulfill all of its contractual obligations to Sponsor. NIRS 17B:27B-7(c) if the Agreement is canceled, EDH may, with the written agreement of Sponsor, NJAC 11:23-3.2(c) transfer all records to a new administrator instead of retaining them for five years. NJ RS 17B:27B-10 All funds remitted to EDH by Sponsor shall be held by EDH in a separate account NJAC 11:23-3.5 maintained in the name of Sponsor or in a separate account maintained jointly in the names of Sponsor and EDH. If funds have been collected by EDH from a provider or enrollee on behalf of Sponsor, they shall be maintained in a separate account maintained in the name of Sponsor, maintained jointly in the names of Sponsor or EDH or remitted to the Sponsor, as provided in the Agreement. Funds shall not be commingled with any other funds of EDH or other clients of EDH. If an account is jointly held by EDH and Sponsor, it shall be maintained in a State or Federally chartered insured depository institution, and EDH shall provide Sponsor with a monthly accounting of all transactions in that account. Sponsor shall have the responsibility to make available to EDH funds necessary to enable EDH to pay claims in a timely manner, as provided in the Agreement. EDH shall not be liable to any party for the failure of Sponsor to make funds available to pay claims. Copies of all records pertaining to the collection of funds shall be made available to Sponsor as provided in the Agreement. MRS 1713:276-11 Any policies, certificates, booklets, termination notices or other written NJAC 11:23-3.6 communications delivered by Sponsor to EDH for delivery to enrollees shall be delivered by EDH promptly, in accordance with the instructions of Sponsor and the terms of the Agreement. Notwithstanding any of the foregoing, in the event any of the provisions of any of the foregoing states' laws that are determined or cited as not being applicable to the Agreement are or become applicable to the Agreement, such provisions shall apply and shall supersede any provisions in the Agreement to the contrary. [Signature Pages to follow] -4 78