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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 benefit plans established by an employer or employee organization, or both, may be available to the depart- ment for audit, inspection, examination or investigation at the option of the employer or employee organi- zation. Nothing in this subsection is intended to abridge or interfere with the department's authority to review all records necessary to determine jurisdiction over any entity that may be subject to this or other insurance laws generally. Expenses incurred by the department in examination of administrators shall be paid by the administrator in the same manner, and in the same amounts, pursuant to the examination provi- sions of this act and applicable regulations. Trade secrets, including the identity and addresses of policy- holders and certificate holders, will be treated as confidential by the department, except the department may use that information in proceedings instituted against the administrator." 5. Advertising. Administrator may use advertising relating to the business underwritten by Insurer only to the extent that the advertising has been approved by Insurer before the advertising is used. 40 Pa. Cons. Stat. § 324.8. 6. Fiduciary Account. All charges collected by Administrator on behalf of or for Insurer and return charges or premiums received from Insurer, if any, shall be held by Administrator in a fiduciary capacity. The funds shall be immediately remitted to the person or persons entitled thereto or shall be deposited promptly in one or more appropriately identified bank accounts in banks or other financial institutions which are subject to supervision or examination by Federal or State banking regulatory authorities. If charges so deposited have been collected on behalf of or for more than one benefit plan, Administrator shall maintain the accounts to clearly record the deposits in and withdrawals fi-om the account on behalf of each benefit plan. Administrator shall promptly obtain and keep copies of all such records and, upon request of Insurer, shall furnish Insurer with copies of records pertaining to deposits and withdrawals on behalf of or for Insurer. Administrator shall not pay any Claim by withdrawals from the fiduciary account. Withdrawals from the fiduciary account shall be made, as provided in the Agreement between Administrator and Insurer, for: (1) Remittance to Insurer entitled thereto. (2) Deposit in an account maintained in the name of In- surer. (3) Transfer to and deposit in a Claims -paying account. (4) Payment to Insurer for remittance to an insurer entitled thereto. (5) Payment to Administrator of its commission, fees or charges. (6) Remittance of return premiums or charges to the person or persons entitled thereto. 40 Pa. Cons. Stat. § 324.9. 7. Notification Required. Administrator shall provide a written notice approved by the Plan sponsor to Eligible Persons advising them of the identity of and relationship among Administrator, the Plan Sponsor, and Insurer, if Insurer is a different entity than the Plan sponsor. The Parties agree that Administrator will not collect funds representing premiums or charges for coverage. 40 Pa. Cons. Stat. § 324.11. 8. Claim Adjustment and Settlement. The compensation to Administrator with regard to the con- tracts shall in no way be contingent upon Claim experience. This section shall not prevent the compensation of Administrator from being based upon charges collected or number of Claims paid or processed. 40 Pa. Cons. Stat. § 324.10. 157 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.