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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 4.4 In order to assist in the performance of the commissioner's duties, the commissioner may: (1) Share documents, materials or other information, including the confidential and privileged documents, materials or other information subject to this section, with other state, federal and international regulatory agencies, the NAIC, its affiliates or subsidiaries and with state, federal and international law enforcement authorities, provided the recipient agrees to maintain the confidentiality and privileged status of the docu- ment, material or other information; and (2) may receive documents, materials or information, including otherwise confidential and privileged documents, materials or information, from the NAIC, its affiliates or subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or information. Kan. Stat. Ann. § 40-3805(d). 4.5 No waiver of any applicable privilege or claim of confidentiality in the documents, mate- rials or information shall occur as a result of disclosure to the commissioner under this section. Kan. Stat. Ann. § 40-3805(e). 4.6 Nothing in this section shall prohibit the commissioner from releasing final, adjudicated actions, including for cause terminations that are open to public inspection pursuant to the open records act, to a database or other clearinghouse service maintained by the NAIC, its affiliates or subsidiaries. Kan. Stat. Ann. § 40-3805(f). 4.7 Insurer shall own the records generated by the administrator pertaining to the payor, how- ever, the Administrator shall retain the right to continuing access to books and records to permit the Ad- ministrator to fulfill all of its contractual obligations to Eligible Persons, claimants and Insurer, and its obligations to maintain records available to the commissioner. Kan. Stat. Ann. § 40-3805(8). 4.8 In the event Insurer and the Administrator cancel the Agreement, notwithstanding the pro- visions of subsection (a), the Administrator may, by written agreement with Insurer, transfer all records to a new administrator rather than retain them for five (5) years. In such cases, the new administrator shall acknowledge, in writing, that it is responsible for retaining the records of the prior administrator as required in subsection (a). Kan. Stat. Ann. § 40-3805(h). 5. Underwriting. The Parties agree that Administrator does not provide any underwriting services to Insurer. Insurer understands and agrees that all underwriting decisions pertaining to the Plan are solely the responsibility of Insurer. Kan. Stat. Ann. § 40-3802. 6. Advertising. Administrator may use only such advertising pertaining to the business underwrit- ten by Insurer as has been approved by Insurer in advance of its use. Administrator shall obtain a client's prior written consent when mentioning any current or former client in its advertising. Kan. Stat. Ann. § 40- 3806. 7. Disposition of Funds Held by Administrator; Records; Withdrawals of Funds. 7.1 All premiums, other insurance charges, collateral and loss reimbursements, if any, col- lected by Administrator on behalf of or for Insurer, and the return of premiums or collateral received from Insurer, if any, shall be held by the Administrator in a fiduciary capacity. Such funds shall be immediately remitted to the person or persons entitled thereto or shall be deposited promptly in a fiduciary account 116 This document is CONFIDENTIAL AND PROPRIETARY to RIGHTWAY Healthcare, Inc. and may not be reproduced, transmitted, published, or disclosed to others without the prior written authorization of RIGHTWAY Healthcare, Inc.