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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 6.2 Maintenance. Administrator shall maintain at its principal office, for the term of the Agree- ment and five (5) years thereafter, adequate books and records of all transactions between Administrator, Insurer, and Eligible Persons in accordance with prudent standards of insurance recordkeeping. NM Stat. Ann. § 59A -12A-6. 6.3 Insurer Access. Insurer retains the right to continuing access to Administrator's books and records sufficient to permit Insurer to fulfill all of its contractual obligations to Eligible Persons, subject to any restrictions in the Agreement on the proprietary rights of the Parties in Administrator's books and records. NM Stat. Ann. § 59A -12A-6. 6.4 New Mexico Insurance Superintendent Access. Administrator acknowledges that New Mexico Statutes § 59A -12A-6 provides that "[t]he superintendent shall have access to such books and rec- ords for the purpose of examination, audit, and inspection. Any trade secrets contained therein, including but not limited to the identity and addresses of policyholders and certificate holders, shall be confidential except that the superintendent may use such information in any proceedings instituted against the adminis- trator." 7. Underwriting. The Parties agree that Administrator does not provide any underwriting services to Insurer. Insurer understands and agrees that all underwriting decisions pertaining to the plan are solely the responsibility of Insurer. NM Stat. Ann. § 59A -12A-8. N.M. Code R. §13.4.5.20(A). 8. 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. NM Stat. Ann. § 59A -12A-7. 9. 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. NM Stat. Ann. § 59A -12A-12. 10. Confidentiality. Administrator shall provide for the confidentiality of personal data identifying an individual covered by a plan or insurance carrier or data concerning a person that self insures in accordance with the terms of the Agreement and New Mexico Statute § 59A -12A-14. NM Stat. Ann. § 59A -12A-14. 11. Inducements. Administrator, in order to induce Insurer to contract or to continue to contract with Administrator; to lapse, forfeit or surrender the Agreement or other service contract entered into with Ad- ministrator; or to secure or terminate coverage with an insurance carrier or person that self insures, shall not, directly or indirectly: (i) offer to make an agreement relating to a service contract or issue or deliver to the person money or any other valuable consideration other than as plainly expressed such agreement; (ii) give or pay or offer to give or pay a rebate or adjustment of the fee payable under the agreement or an advantage under a service contract, except as reflected in the fee and expressly provided for in the agree- ment; (iii) make, issue or circulate, or cause to be made, issued or circulated, any estimate, illustration, circular or statement misrepresenting the terms of a service contract, the advantages provided under a ser- vice contract or the true nature of a service contract; or (iv) make a misrepresentation in a comparison, whether oral or written, between service contracts of Administrator and another administrator or between service contracts of Administrator and an insurance carrier. NM Stat. Ann. § 59A -12A-15. 141 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.