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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 to those books and records to permit Administrator to fulfill all of its contractual obligations to Eligible Persons, claimants, and Insurer. Louisiana Rev. Stat. § 22:1644(C). 4.5 Insurer Access. Administrator shall maintain and make available to Insurer complete books and records of all transactions performed on behalf of Insurer. Louisiana Rev. Stat. § 22:1644(A). If Administrator administers Covered Products for more than one hundred certificate holders on behalf of Insurer, Insurer may, at least semiannually, conduct a review of the operations of Administrator. At least one such review may be an on-site audit of the operations of Administrator. Louisiana Rev. Stat. § 22:1646(C). If Administrator holds any funds in a Claims paying account, Administrator shall not use such funds to pay for any business operating expenses of Administrator. As provided in the Agreement, Admin- istrator shall periodically render an accounting to Insurer detailing all transactions performed by Adminis- trator pertaining to the business underwritten by Insurer. Louisiana Rev. Stat. § 22:1647(A). S. Duties of Insurer. Insurer shall be responsible for determining the Covered Products, premium rates, underwriting criteria, and Claims payment procedures applicable to such coverage and for securing reinsurance, if any. The rules pertaining to these matters must be provided, in writing (as applicable), by Insurer to Administrator. The responsibilities of Administrator as to any of these matters shall be set forth in the Agreement. Louisiana Rev. Stat. § 22:1646(A). It shall be the sole responsibility of Insurer to pro- vide for competent administration of its programs. Louisiana Rev. Stat. § 22:1646(B). 6. Payment. 6.1 The Parties agree that Administrator will not collect any premiums or charges for insurance paid by or on behalf of an Eligible Person for Insurer. The payment of return premiums or payment of Claims by Insurer to Administrator, if any, shall not be deemed payment to the Eligible Person or claimant until such payments are received by the Eligible Person or claimant. Nothing herein shall limit any right of Insurer against Administrator resulting from its failure to make payments to the Eligible Persons or claimants. Louisiana Rev. Stat. § 22:1643. 6.2 To the extent Administrator pays a Claim from money collected for or on behalf of Insurer, such Claim shall be paid by on drafts or checks of and as authorized by Insurer. Louisiana Rev. Stat. § 22:1647(D). 7. Compensation. 7.1 Administrator's compensation under the Agreement is not contingent upon savings ef- fected in the adjustment, settlement, and payment of losses covered by Insurer's obligations. This provision shall not prohibit Administrator from receiving performance-based compensation for providing auditing services and shall not prevent Administrator's compensation from being based on charges collected or the number of Claims paid or processed. Louisiana Rev. Stat. § 22:1648. 7.2 Administrator shall disclose to Insurer all charges, fees, and commissions received from all services in connection with the provision of administrative services for Insurer, including any fees or commissions, if any, paid by insurers providing reinsurance. Louisiana Rev. Stat. § 22:1649(C). 8. 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 Person, and Insurer. Louisiana Rev. Stat. § 22:1649(A). Any policies, certificates, booklets, termination notices, 122 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.