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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 4.4 Kentucky Insurance Commissioner Access. Administrator acknowledges that Kentucky Revised Statutes § 304.9-373 provides that "[t]he commissioner shall have access to such books and records for the purpose of examination, audit, and inspection. Any trade secrets contained therein, including but not limited to the identity and addresses of Eligible Persons, shall be confidential except the commissioner may use such information in any proceedings instituted against the Administrator. 5. Advertising. Administrator may use advertising relating to the business underwritten by Insurer only to the extent that the advertising has been approved in writing by Insurer before the advertising is used. Ky. Rev. Stat. § 304.9-374. 6. Notice to Eligible Persons. Administrator shall provide a written notice approved by Insurer to Eligible Persons advising them of the identity of, and relationship among Administrator, Eligible Persons, and Insurer. Where Administrator collects funds, it must identify and state separately in writing to the person paying to Administrator any charge or premium for coverage the amount of any such charge or premium specified by Insurer for such coverage. Ky. Rev. Stat. § 304.9-377. 7. Compensation. Administrator and Insurer agree that compensation to Administrator for any Plans in which Administrator adjusts or settles Claims shall in no way be contingent on Claims experience. Ad- ministrator and Insurer further agree that this provision does not prevent Administrator's compensation from being based on premiums or charges collected or the number of Claims paid or processed. Ky. Rev. Stat. § 304.9-376. 8. Fiduciary Accounts. The Parties agree that Administrator will not collect premiums or charges for insurance coverage on behalf of or for Insurer. Other charges collected by Administrator, if any, and return premiums or charges received from Insurer, if any, shall be held by 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 bank account established and maintained by Administrator. If charges so deposited have been collected on behalf of or for more than one (1) insurer, Administrator shall cause the bank in which such fiduciary account is maintained to keep records clearly recording the deposits and with- drawals from such account on behalf of or for each insurer. Administrator shall promptly obtain and keep copies of all such records and, upon request of Insurer, shall furnish Insurer with copies of such records pertaining to deposits and withdrawals on behalf of or for Insurer. Administrator shall not pay any Claim by withdrawals from such fiduciary account. Withdrawals from such fiduciary account shall be made, as provided in the Agreement between Administrator and Insurer, for: (1) Remittance to Insurer entitled thereto; (2) Deposit in an account maintained in the name of Insurer; (3) Transfer to and deposit in a Claims paying account with Claims to be paid as provided in KRS 304.9-376; (4) Payment to a group policyholder for remittance to Insurer entitled thereto; (5) Payment to Administrator of its commission, fees, or charges; or (6) Remittance of return premium or charges to any person entitled thereto. Kentucky Rev. Stat. § 304.9- 375. 120 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.