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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />b. Any amounts otherwise due us. <br />2. Fraud or Intentional Misrepresentation of Material Fact. You perform an act, or engage in any <br />practice, that constitutes fraud or make an intentional misrepresentation of material fact. <br />3. Group Contribution and Participation and CMS Rules. You do not comply with: (1) a material <br />provision which relates to rules for Group contributions or Covered Person participation; or (2) <br />any provision in this Agreement which relates to LIS or other CMS Requirements. <br />4. Service Area. There is no longer any Covered Person who lives, resides, or works in the Service <br />Area. <br />5. Termination or Non -renewal of the CMS Contract. `We will provide you with at least ninety <br />(90) calendar days' notice upon termination or non -renewal of our contract with CMS. <br />Except as specifically provided in this Subsection 4.C, if we decide to terminate or not renew the <br />Agreement based on one or more of the circumstances mentioned above, we will give you at least forty- <br />five (45) calendar days advance written notice. <br />D. Notification of Termination to Covered Retirees <br />It is your obligation to immediately notify each Covered Person of any such termination of this Agreement <br />for any reason, consistent with the requirements of Section 3 of this Agreement. <br />E. Representations Made By, and Obligations of, the Group <br />In agreeing to provide coverage in accordance with the terms of this Agreement, we rely on the <br />representations you made when you applied for coverage with us and your representation that you have <br />authority to act on behalf of all Covered Persons with respect to this Agreement. Consequently, every act <br />by, agreement with, or notice given to, you will be binding on all Covered Persons. You agree that you <br />shall offer to all Eligible Retirees the opportunity to become a Covered Person under this Agreement. You <br />agree that, if requested by us, you will distribute the Evidence of Coverage and other coverage materials <br />to Covered Persons. <br />SECTION 5: PAYMENT PROVISIONS <br />A. Monthly Invoice <br />We will prepare a monthly invoice of the Premium due on or before the due date. This monthly invoice <br />will also reflect any prorated charges and credits resulting from changes in the number of Covered Persons <br />and changes in the types of coverage that took place in the previous or current month. <br />If you become aware that a Covered Person will become ineligible, you must provide us with written <br />notice of such ineligibility as described in Section 3 of this Agreement. You shall be liable to us for the <br />Premium due for each individual enrolled in a Medicare Plan under this Agreement until the effective date <br />of disenrollment, which is set by CMS Requirements. <br />You must pay the total amount of the invoice. Do not add names to an invoice, change coverage or pay <br />for a retiree or dependent whose name does not appear on the invoice. No changes can be made to a Group <br />5 <br />