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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 12. Compensation. Administrator and Insurer agree that compensation to Administrator for any Plans in which Administrator adjusts or settles Claims shall in no way be contingent on Claims experience. Ad- ministrator and Insurer further agree that this provision does not prevent Administrator's compensation from being based on charges collected or the number of Claims paid or processed. NM Stat. Ann. § 59A - 12A -11. Insurer shall not pay, directly or indirectly, Administrator for service as an administrator within this state, unless Administrator is duly licensed to transact such business in the state of New Mexico. N.M. Code R. § 13.4.5.21. 13. Fiduciary Account. 13.1 The Parties agree that Administrator will not collect insurance charges or premiums on behalf of or for Insurer. Return premiums received from Insurer, if any, shall be held by Administrator in a fiduciary capacity. Such funds shall be immediately remitted to the person or persons entitled thereto or shall be deposited promptly in a fiduciary bank account established and maintained by Administrator. If charges or premiums so deposited have been collected on behalf of or for more than one insurer, Adminis- trator shall cause the bank in which such fiduciary account is maintained to keep records, clearly recording the deposits in and withdrawals from such account on behalf of or for each insurer. N.M. Stat. § 59A -12A - 9(A). 13.2 Administrator shall promptly obtain and keep copies of all such records and, upon request of Insurer, shall furnish Insurer with copies of all records pertaining to deposits and withdrawals on behalf of or for Insurer. N.M. Stat. § 59A -12A -9(B). 13.3 Administrator shall not pay any Claim by withdrawals from such fiduciary account. With- drawals from such account shall be made, as provided in the Agreement, for: (1) remittance to Insurer entitled thereto; (2) deposit in an account maintained in the name of such Insurer; (3) transfer to and deposit in a Claims paying account, with Claims to be paid as provided in N.M. Stat. § 59A -12A-10; (4) payment to a group policyholder for remittance to the insurer entitled thereto; (5) payment to Administrator of its commission, fees or charges; or (6) remittance of return premiums to the person or persons entitled thereto. N.M. Stat. Ann. § 59A -12A-9 (C). 14. Responsibilities of Insurer. Insurer shall be responsible for determining the Covered Products, premium rates, underwriting criteria and Claims payment procedures applicable to its coverage and for securing reinsurance, if any. It is the ultimate responsibility of Insurer to provide for competent administra- tion of its programs. In cases where Administrator administers Covered Products for more than one hun- dred (100) certificate holders on behalf of Insurer, Insurer shall maintain for a minimum of at least three years any reviews conducted of the operations of Administrator, and shall produce the records pertaining to the review at the request of the superintendent. N.M. Code R. § 13.4.5.22. 15. Termination. Insurer or Administrator may upon written notice, terminate the Agreement for cause as provided in the Agreement. Insurer may suspend the underwriting authority of Administrator dur- ing the pendency of any dispute regarding the cause for termination of the Agreement. Insurer must fulfill any lawful obligations with respect to policies or Claims affected by the Agreement, regardless of any dispute between Insurer and Administrator. N.M. Code R. § I3.4.5.20(B). 142 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.