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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 <br />OKLAHOMA TPA REGULATORY ADDENDUM <br />With respect to the following provisions required by the State of Oklahoma, "Administrator" shall mean <br />RIGHTWAY, and "Insurer" shall mean "Client" as that term is defined in the Agreement. <br />Notwithstanding anything in the Agreement to the contrary, Administrator and Insurer agree as follows: <br />1. Applicability. This Addendum is required in order to include the terms mandated by Oklahoma <br />Statute Title 36 Sections 1441 e1 seq. This Addendum applies to the extent Eligible Person(s) reside in the <br />State of Oklahoma, to the extent such requirements are applicable to the services provided by Administrator <br />under the Agreement, Insurer is an "insurer" as defined under Title 36 of the Oklahoma Statutes, and such <br />requirements are not already addressed in the Agreement. <br />2. General. In the event of a direct conflict between this Addendum and the Agreement, the applica- <br />ble provisions of this Addendum shall control if required. Absent such direct conflict, the terms and con- <br />ditions of the Agreement shall remain in full force and effect. Capitalized terms not defined in this Adden- <br />dum shall have the same meaning as set forth in the Agreement. This Addendum may be modified from <br />time to time pursuant to the Agreement. <br />3. Written Agreement. The written Agreement between Administrator and Insurer shall be in place <br />before Administrator may act in the capacity of a third party administrator to Insurer. The functions that <br />Administrator will perform on behalf Insurer, as well as the underwriting standards, if applicable or other <br />standards pertaining to the business underwritten by Insurer are as stated in the written Agreement. Admin- <br />istrator and Insurer shall each maintain the Agreement as part of their official records for a minimum of <br />five (5) years after termination of the Agreement. Okla. Stat. tit. 36 § 1443(A), (G). <br />4. Advertising. Administrator shall obtain approval from Insurer before publishing any advertising <br />pertaining to the business underwritten by Insurer. For purposes of this section, "publishing" includes <br />mailing of advertising material. Okla. Stat. tit. 36 § 1446. <br />5. Accounting and Claims Payments. <br />5.1 The Parties agree that Administrator will not collect premiums or charges on behalf of or <br />for Insurer. The return of premiums or charges received from Insurer, if any, shall be held by Administrator <br />in a fiduciary capacity. Funds collected by Administrator shall be immediately remitted to the person en- <br />titled to the funds or deposited in a fiduciary account which shall be established and maintained by Admin- <br />istrator. If charges or premiums deposited in a fiduciary account have been collected for more than one <br />insurer or trust, Administrator shall maintain records clearly showing the deposits and withdrawals from <br />the fiduciary bank account for each insurer or trust, including Insurer. Administrator shall furnish to In- <br />surer, upon its request, copies of the required records. Okla. Stat. tit. 36 § 1445(A), (B). <br />5.2 Subject to the Agreement, withdrawals from the fiduciary bank account shall only be made <br />as set forth in the Agreement, which shall authorize withdrawals only for the following: (1) remittance to <br />an insurer or trust entitled to the funds; (2) deposit in an account maintained in the name of Insurer; (3) <br />transfer to and deposit in a Claims -paying account; (4) payment to a group policyholder for remittance to <br />the insurer or trust entitled to the funds; (5) payment to Administrator for its commission, fees, or charges; <br />or (6) remittance of return premiums to the person entitled to the funds. All Claims paid by Administrator <br />150 <br />This document is CONFIDENTIAL AND PROPRIETARY to RIGHTWAY Healthcare, Inc. and may not be reproduced, <br />transmitted, published, or disclosed to others without the prior written authorization of RIGHTWAY Healthcare, Inc. <br />