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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 5.3 Insurer Access. Insurer retains the right to access Administrator's records of all transac- tions performed on behalf of Insurer, subject to any restrictions in the Agreement on the proprietary rights of the Parties in Administrator's records. The records shall be maintained in accordance with prudent standards of insurance recordkeeping and shall be maintained for a period of not less than five (5) years from the date of their creation. NH Rev. Stat. § 402-H:4(1). If Administrator administers Covered Products for more than one hundred certificate holders on behalf of Insurer, and Insurer is not self-funded, Insurer may, at least semi-annually, conduct a review of the operations of Administrator. At least one such review shall be an onsite audit of the operations of Administrator. NH. Rev. Stat. § 402-11:6M. 5.4 New Hampshire Insurance Commissioner Access. Administrator acknowledges that New Hampshire Revised Statutes § 402-H:4(II) provides that "[t]he commissioner shall have access to books and records maintained by an administrator for the purposes of examination, audit and inspection. Any documents, materials, or other information in the possession or control of the commissioner that are fur- nished by an administrator, insurer, insurance producer or an employee or agent thereof acting on behalf of the administrator, insurer or insurance producer, or obtained by the commissioner in an investigation shall be confidential by law and privileged, shall not be subject to RSA 91-A, shall not be subject to subpoena and shall not be subject to discovery or admission in evidence in any private civil action. However, the commissioner may use such documents, materials, or other information in furtherance of any regulatory or legal action brought as part of the commissioner's official duties." 5.5 Administrator Access. To the extent the Agreement provides that Insurer owns any records generated by Administrator pertaining to Insurer, Administrator shall retain the right to continuing access to those books and records to permit Administrator to fulfill all of its contractual obligations to Eligible Persons, claimants, and Insurer. NH Rev. Stat. § 402-H:4(VII). 5.6 In the event Insurer and Administrator cancel the Agreement, notwithstanding the provi- sions of the Agreement and this Addendum, 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 admin- istrator shall acknowledge, in writing, that it is responsible for retaining the records of Administrator as required by New Hampshire Revised Statute Section 402-HA(I). NH Rev. Stat. § 402-HA(VIII). 6. 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. NH Rev. Stat. § 402-H:5. 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. NH Rev. Stat. § 402-H:8. 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 paid by insurers providing reinsurance. NH Rev. Stat. § 402-H:9(III). 138 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.