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Docusign Envelope ID: 921F7A24-D5CE-4BCC-9F3C-5E7844661266 <br />fulfill all of its contractual obligations to insured parties, claimants and the insurer, and its obligations to <br />maintain records available to the director." <br />5. Payment. <br />5.1. To the extent Administrator pays a Claim from money collected for or on behalf of Insurer, <br />such Claim shall be paid only on drafts or checks of and as authorized by Insurer. Idaho Code § 41-906(5). <br />5.2. The Parties agree that Administrator will not collect any premiums or charges for insurance <br />paid by or on behalf of any Eligible Person for Insurer. Payment of return premiums or Claims forwarded <br />by Insurer to Administrator, if any, shall not be deemed payment to Eligible Persons or claimants until the <br />payments are received by Eligible Persons or claimants. The foregoing does not limit any right of Insurer <br />against Administrator resulting from the failure of Administrator to make payments to Insurer, Eligible <br />Persons, or claimants. Idaho Code § 41-903. <br />6. Underwriting. The Parties agree that Administrator does not provide any underwriting services <br />to Insurer. Insurer understands and agrees that all underwriting decisions pertaining to the Plan are solely <br />the responsibility of Insurer. Idaho Code § 41-902(2). <br />7. Administrator Obligations. The Agreement sets forth the duties that Administrator is expected <br />to perform on behalf of Insurer and the lines, classes, or types of insurance for which Administrator is to <br />be authorized to administer. Idaho Code § 41-902(2). <br />8. Insurer Obligations. Insurer or Administrator may, with written notice to the other party and the <br />director of insurance, terminate the Agreement as provided in the Agreement. Insurer shall fulfill any law- <br />ful obligations with respect to policies affected by the Agreement, regardless of any dispute between Insurer <br />and Administrator. Idaho Code § 41-902(3). <br />9. Notice to Eligible Persons. Administrator shall provide a written notice approved by Insurer to <br />Eligible Persons advising them of the identity of, and relationship among, Administrator, Eligible Person, <br />and Insurer. Idaho Code § 41-909(1). Where Administrator collects funds, the reason for collection of <br />each item shall be identified to the Eligible Person and each item shall be shown separately. Additional <br />charges may not be made for services to the extent the services have been paid for by Insurer. Idaho Code <br />§ 41-909(2). Any policies, certificates, booklets, termination notices, or other written communications de- <br />livered by Insurer to Administrator for delivery to Eligible Persons shall be delivered by Administrator <br />promptly, after receipt of instructions from Insurer to deliver them. Idaho Code § 41-907. <br />10. Basis of Administrator's Compensation. Administrator and Insurer agree that no amount of a <br />commission, fee, or charge that is payable to Administrator under the Agreement is contingent on savings <br />effected in the adjustment, settlement, and payment of losses covered by Insurer's obligations. Idaho <br />Code § 41-908(1). Nothing herein shall prevent Administrator's compensation from being based on <br />charges collected or the number of Claims processed or paid. Idaho Code § 41-908(2). Administrator <br />shall disclose to Insurer all charges, fees and commissions received from all services in connection with <br />the provision of administrative services for Insurer, including any fees or commissions paid by insurers <br />providing reinsurance. Idaho Code § 41-909(3). <br />107 <br />This document is CONFIDENTIAL AND PROPRIETARY to RIGHTWAY Healthcare, Inc. and may not be reproduced, <br />transmitted, published, or disclosed to others without the prior written authorization of RIGHTWAY Healthcare, Inc. <br />