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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 8. Maintenance of Records. 8.1 Administrator shall maintain and make available to Insurer complete books and records of all transactions performed on behalf of Insurer. The books and records shall be maintained in accordance with prudent standards of insurance record keeping and must be maintained for a period of not less than five (5) years from the date of their creation. R.I. Gen. Laws § 27-20.7-5(a). 8.2 The commissioner shall have access to books and records maintained by Administrator for the purposes of examination, audit and inspection. Any documents, materials or other information in the possession or control of the department of business regulation that are furnished by Administrator, Insurer, a producer, or an employee or agent acting on behalf of Administrator, Insurer or a producer, or obtained by the commissioner in an investigation, shall be confidential by law and privileged, shall not be subject to chapter 2 of title 38, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. The commissioner is nevertheless authorized to use the documents, materials or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's official duties. R.T. Gen. Laws § 27-20.7-5(b). 8.3 Insurer shall own the records generated by Administrator pertaining to Insurer. Adminis- trator 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. R.I. Gen. Laws § 27-20.7-5(g). 8.4 In the event Insurer and Administrator cancel the Agreement, notwithstanding the provi- sions of R.I. Gen. Laws § 27-20.7-5(a), Administrator may, by written agreement with Insurer, transfer all records to a new administrator rather than retain them for five (5) years. In those cases, the new adminis- trator shall acknowledge, in writing, that it is responsible for retaining the records of Administrator as re- quired in R.I. Gen. Laws § 27-20.7-5(a). R.I. Gen. Laws § 27-20.7-5(h). 9. Payments to Administrator. The Parties agree that Administrator will not collect premiums or charges for insurance paid by or on behalf of any Eligible Persons for Insurer. Payment of return premiums or Claim payments forwarded by Insurer to Administrator, if any, shall not be deemed to have been paid to the Eligible Person or claimant until the payments are received by the Eligible Person or claimant. Nothing in this section limits any right of Insurer against Administrator resulting from the failure of Administrator to make payments to the Insurer, Eligible Persons or claimants. R.I. Gen. Laws § 27-20.7-4. 10. Compensation to Administrator. 10.1 Administrator shall not enter into an agreement or understanding with Insurer in which the effect is to make the amount of Administrator's commissions, fees, or charges contingent upon savings effected in the adjustment, settlement and payment of losses covered by Insurer's obligations. This provi- sion shall not prohibit Administrator from receiving performance-based compensation for providing hospi- tal or other auditing services. R.I. Gen. Laws § 27-20.7-9(a). 10.2 This section shall not prevent the compensation of Administrator from being based on pre- miums or charges collected or the number of Claims paid or processed. R.I. Gen. Laws § 27-20.7-9(b). 11. Notice and Disclosure of Charges and Fees. 159 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.