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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 <br />be delivered by Administrator promptly, after receipt of instructions from Insurer to deliver them. Miss. <br />Code Ann. § 83-18-21. <br />9. Underwriting. The Agreement provides for the underwriting or other standards pertaining to the <br />business underwritten by Insurer. Miss. Code Ann. § 83-18-5(2). <br />10. Termination. Insurer, employer or Administrator may, with written notice, terminate the Agree- <br />ment for cause as provided in the Agreement. Insurer may suspend the underwriting authority of Adminis- <br />trator during the pendency of any dispute regarding the cause for termination of the Agreement. Insurer <br />must fulfill any lawful obligations with respect to policies affected by the Agreement, regardless of any <br />dispute between Insurer and Administrator. Miss. Code Ann. § 83-18-5(3). <br />11. Administrator's Duties as Fiduciary for Insurer. <br />11.1 The Parties agree that Administrator will not collect insurance charges or premiums on <br />behalf of or for Insurer. Any return of premiums received from Insurer, shall be held by Administrator in a <br />fiduciary capacity. Such funds shall be immediately remitted to the person or persons entitled to them or <br />shall be deposited promptly in a fiduciary account established and maintained by Administrator in a feder- <br />ally Eligible Person financial institution. The Agreement shall provide for Administrator to periodically <br />render an accounting to Insurer detailing all transactions performed by Administrator pertaining to the busi- <br />ness underwritten by Insurer. Miss. Code. Ann. § 83-18-15(1). <br />11.2. If charges deposited in a fiduciary account have been collected on behalf of or for one or <br />more insurers, Administrator shall keep records clearly recording the deposits in and withdrawals from the <br />account on behalf of each insurer. Administrator shall keep copies of all the records, and upon request of <br />Insurer, shall furnish Insurer with copies of the records pertaining to such deposits and withdrawals. Miss. <br />Code. Ann. § 83-18-15(2). <br />11.3 Administrator shall not pay any Claim by withdrawals from a fiduciary account in which <br />charges are deposited. Withdrawals from such account shall be made as provided in the Agreement. The <br />Agreement shall address, but not be limited to, the following: (a) Remittance to Insurer entitled to remit- <br />tance; (b) Deposit in an account maintained in the name of Insurer; (c) Transfer to and deposit in a Claims - <br />paying account, with Claims to be paid as provided in this section; (d) Payment to a group policyholder for <br />remittance to the insurer entitled to such remittance; (e) Payment to Administrator of its commissions, fees <br />or charges; and (f) Remittance of return premium to the person or persons entitled to such return pre- <br />mium. Miss. Code. Ann. § 83-18-15(2). <br />11.4 All Claims paid by Administrator from funds collected on behalf of or for Insurer shall be <br />paid only on drafts or checks of and as authorized by Insurer. Miss. Code Ann. § 83-18-15(4). <br />130 <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 />