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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 Commissioner shall keep confidential any trade secrets contained in those books and records, including the identity and addresses of policyholders and certificate holders, except that the Commissioner may use the information in any judicial or administrative proceeding instituted against Administrator. N.C. Gen. Stat. § 58-56-16(b). 7.3 Insurer shall own the records generated by Administrator pertaining to Insurer, but Admin- istrator shall retain the right to continuing access to books and records to permit Administrator to fulfill all of its contractual obligations to Eligible Persons, claimants, and Insurer. N.C. Gen. Stat. § 58-56-16(c). 7.4 In the event Insurer and Administrator cancel the Agreement, notwithstanding the prior provisions of this section, Administrator may, by written agreement with Insurer, transfer all records to a new administrator rather than retain them for five years. In this case, the new administrator shall acknowledge, in writing, that it is responsible for retaining the records of Administrator as required in this section. N.C. Gen. Stat. § 58-56-16(d). 8. Approval of Advertising. Administrator may use only the advertising pertaining to the business underwritten by Insurer that has been approved in writing by Insurer in advance of its use. N.C. Gen. Stat. § 58-56-21. 4. Responsibilities of Administrator. The Agreement sets forth the duties that Administrator is ex- pected to perform on behalf of Insurer and the kinds of insurance for which Administrator is to be authorized to administer. The Parties agree that Administrator does not provide any underwriting services to In- surer. Insurer understands and agrees that all underwriting decisions pertaining to the plan are solely the responsibility of Insurer. N.C. Gen. Stat. § 58-56-6(b). 10. Responsibilities of Insurer. 10.1 Insurer is responsible for determining the Covered Products, premium rates, underwriting criteria, and Claims payment procedures applicable to the coverage and for securing reinsurance, if any. The rules pertaining to these matters must be provided, in writing (as applicable), by Insurer to Ad- ministrator. The responsibilities of Administrator as to any of these matters shall be set forth in the Agree- ment. It is the sole responsibility of Insurer to provide for competent administration of its programs. N.C. Gen. Stat. § 58 -56 -26(a) -(b). 10.2 If Administrator administers Covered Products for more than 100 certificate holders on behalf of Insurer, Insurer shall, at least semiannually, conduct a review of the operations of Administra- tor. At least one semiannual review shall be an on-site audit of the operations of Administrator. Annually, Insurer shall file with the Commissioner a certification of completion of the audits as required by this sec- tion and performed during the previous calendar year, in the format, content, and manner as specified by the Commissioner. Insurer shall maintain in its corporate records documentation of the audits conducted to support its certification of audits for a period of five years or, if Insurer is a domestic insurer, until the completion of the next quinquennial examination. N.C. Gen. Stat. § 58-56-26(c). 11. Fiduciary Account and Payment of Claims. 11.1. The Parties agree that Administrator is not obligated to collect charges or premiums on behalf of or for Insurer. To the extent any funds are collected by Administrator, these funds shall be imme- diately remitted to the person entitled to them or shall be deposited promptly in a fiduciary account estab- lished and maintained by Administrator in a federally or State Eligible Person financial institution. The 144 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.