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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 4.5 Insurer Access. If Administrator administers Covered Products for more than one hundred certificate holders on behalf of Insurer, Insurer shall, at least semiannually, conduct a review of the opera- tions of Administrator. At least one such review shall be an on-site audit of the operations of Administra- tor. Miss. Code Ann. § 83-18-13(3). 4.6 In the event Insurer and Administrator cancel the Agreement, notwithstanding the provi- sions of the Agreement and this Addendum, Administrator, in its sole discretion, 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 Administrator as required by Miss. Code Ann. § 83-18-9(1). Miss. Code Ann. § 83-18-9(4). 5. 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, as applicable, must be provided in writing by Insurer to Administrator. The responsibilities of Administrator as to any of these matters shall be set forth in the Agreement. It shall be the sole responsibility of Insurer to provide for competent administration of its programs. Miss. Code Ann. § 83-18-13(1), (2). 6. Payment. 6.1 The Parties agree that Administrator will not collect any premiums or charges for insurance paid by or on behalf of any Eligible Person for Insurer. The payment of return premiums or 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 claim- ants. Miss. Code Ann. § 83-18-7. 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. Miss. Code Ann. § 83- 18-15(4). 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. Miss. Code Ann. § 83-18-17(1). 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. Miss. Code Ann. § 83-18-19(3). 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. Miss. Code Ann. § 83-18-19(1). Any policies, certificates, booklets, termination notices, or other written communications delivered by Insurer to Administrator for delivery to Eligible Persons shall 129 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.