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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 records for the purpose of examination, audit, and inspection. Any trade secrets contained therein, includ- ing the identity and addresses of policyholders and certificate holders, are confidential, except the commis- sioner may use such information in any proceedings instituted against the administrator." 5. 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. ND Cent. Code § 26.1-27-06(1). 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. ND Cent. Code § 26.1-27-06(2). 7. 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. ND Cent. Code § 26.1- 27-11. 8. Fiduciary Account— Record Keeping. The Parties agree that Administrator will not collect any insurance charges or premiums on behalf of or for Insurer. Return premiums received from Insurer, if any, must be held by Administrator in a fiduciary capacity. The funds must be immediately remitted to the person or persons entitled thereto, or must be deposited promptly in a fiduciary bank account established and main- tained by Administrator. If charges or premiums so deposited have been collected on behalf of or for more than one insurer, Administrator shall cause the bank in which the fiduciary account is maintained to keep records clearly recording the deposits in and withdrawals from the account on behalf of or for each insurer. Administrator shall promptly obtain and keep copies of all such records and, upon request of Insurer, shall furnish Insurer with copies of such records pertaining to deposits and withdrawals on behalf of or for In- surer. Administrator may not pay any Claim by withdrawals from the fiduciary account. N.D. Cent. Code § 26.1-27-08. 9. Withdrawals From Fiduciary Account. Withdrawals from the fiduciary account may only be made for: (a) Remittance to Insurer entitled thereto. (b) Deposit in an account maintained in the name of Insurer. (c) Transfer to and deposit in a Claims paying account, with Claims to be paid as provided in N.D. Cent. Code § 26.1-27-10. (d) Payment to a group policyholder for remittance to the insurer entitled thereto. (e) Payment to Administrator of its commission, fees, or charges. (f) Remittance of return pre- miums to the person or persons entitled thereto. N.D. Cent. Code § 26.1-27-06(3). 147 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.