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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 <br />6. Fiduciary Responsibility. The Parties agree that Administrator will not collect insurance charges <br />or premiums on behalf of or for Insurer. Return premiums received from Insurer, if any, shall be held by <br />Administrator in a fiduciary capacity. Such funds shall be immediately remitted to the person or persons <br />entitled thereto, or shall be deposited promptly in a fiduciary bank account established and maintained by <br />Administrator. If charges or premiums so deposited have been collected on behalf of or for more than one <br />insurer, Administrator shall keep records clearly recording the deposits in and withdrawals from such ac- <br />count on behalf of or for each insurer. Administrator shall keep copies of all such records and, upon request <br />of Insurer, shall furnish Insurer with copies of such records pertaining to deposits and withdrawals on behalf <br />of or for Insurer. Administrator shall not pay any Claim on behalf of or for Insurer by withdrawals from <br />such fiduciary account. Withdrawals from such account shall be made, as provided in the Agreement, for <br />(1) remittance to Insurer entitled thereto; (2) deposit in an account maintained in the name of Insurer; (3) <br />transfer to and deposit in a Claims paying account, with Claims on behalf of or for Insurer to be paid as <br />provided in Cal. Ins. Code § 1759.7; (4) payment to a group policyholder for remittance to Insurer entitled <br />thereto; (5) payment to Administrator of its commission, fees or charges; or (6) remittance of return premi- <br />ums to the person or persons entitled thereto. California Insurance Code § 1759.6. <br />7. Advertising. Administrator may use advertising relating to the business underwritten by Insurer <br />only to the extent that the advertising has been approved in writing by Insurer before the advertising is <br />used. California Insurance Code § 1759.4. <br />8. Notice to Eligible Persons. Administrator shall provide a written notice approved by Insurer to <br />Eligible Persons, advising them of the identity of and relationship among Administrator, the Eligible Per- <br />sons, and Insurer. California Insurance Code § 1759.9. <br />9. Basis of Administrator's Compensation. Administrator and Insurer agree that with respect to <br />any policies where Administrator adjusts or settles Claims, the compensation that is payable to Adminis- <br />trator under the Agreement is in no way contingent on Claim experience. California Insurance Code § <br />1759.8. <br />94 <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 />