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� <br /> �, <br /> w a <br /> � � .�• . �i' i� r� o ider the A�reemenl are contin- <br /> 3.7 �inze[y pa�menl. I e,�formance o1 all duUes and obli�ations of the Claim Ad� in St at r ui � <br /> genl upon the Timely paymenl o�'any amount owed the Claim Administrator by lhe C�mployer. <br /> SEC'I'ION 4: CLAIM YAYMLN7'S <br /> 4.1 C[ain:Adminisb�aloi�'s pnyment. Upon receip�of a Claim,the Claim Adminish�alor will make a Claim Payment provided <br /> that �II payments due �he Claim /ldministiator under the terms of the Abreement are paid when due. <br /> 4.2 En:ployei�'s liaGility. Any reasonable detennination by the Claim Administralor in ad.judicating a Claim under the Agree- <br /> ment thal a Covered Person is entiUed to a Net Claim Payment is conciusive evidence of the liability �f the Employer <br /> to the Claim Adminislra�or for such Net Claim }'aymen� pursuan� to Section 6 below titled"CLAIM SETTLEMENTS." <br /> 4.3 Cessation of Cluinr Paymenls. I1�the �mployer has f�ailed to pay when due any amount owed the Claim Administrator, <br /> the Claim Administrator shall be under no obligation to make any further Claim Payments until such default is cured. <br /> S�CTION 5: 1'RANSI'�R PAYM�N1' <br /> 5.1 Intent. In consideration of the Claim Administrator's obligations as set forth in the Agreement and at the end of each <br /> Transfer Payment Period,the Employer shall transfer to the Claim Administrator's account an amount equal to the 7'rans- <br /> fer Payment Period's Net Claim Payments plus the applicable service charges. The Transfer Payment Period shall be as <br /> indicated in the most current Fee Schedule specifications of Section l of this Exhibit. <br /> 5.2 Notif'ication of amount due. The Claim Administrator shall advise the Employer's Financial Division by�mail or fac- <br /> simile (at an email address or facsimile number to be furnished by the Employer prior to the effective date of the Agree- <br /> ment) of the amount of Net Claim Payments pursuant to the Agreement for which reimbursement has not been previously <br /> made by the Employer to the Claim Administrator, plus the applicable service charges. <br /> 5.3 4��hen Due. Transfer Payment must be made within twenty-four(24) hours of the Employer's notification by the Claim <br /> Administrator. If�any day on which a Transfer Payment is due is a holiday,such payment will be made on the next business <br /> day. Late payments are sub,ject to the penalties outlined in Section 7.3 oi'this Exhibit. <br /> SEC1'ION 6: CLAIM S�ITLEM�N1'S <br /> 6.1 Delernaining tinhal Employer owes. A Claim Settlement shall be determined for each Claim Settlement Period indicated <br /> in the most current Fee Schedule specifications of Section 1 oi'this �xhibit. The Claim Settlement shall reflect the sum <br /> of the following: <br /> �. All Net Claim Payments calculated on the basis of Claim Payments paid by the Claim Administrator in the particular <br /> Claim Setdement Period. <br /> b. All Net Claim Payments calculated on the basis of Claim Payments paid by the Claim Administrator in prior Claim <br /> Settlement Periods that have not been included in a prior Claim Settlement. <br /> c. The Administrative Charges and Gedits and other applicable service charges as indicated in the most current Fee <br /> Schedule specifications o1'Section 1 of this Exhibit and any applicable Supplemental Charge(s). <br /> "l�he sum of a., b., and c. above shall be refened to as tl�e Claim Settlement Total. <br /> 6.2 Eniployer unde�nayntent. If,within Ihe Claim Settlement Period, the Claim Settlement Total exceeds the Transfer Pay- <br /> ments,the Employer will pay the difference to the Claim Administrator.The Claim Settlement will be determined within <br /> sixty ((0) days from the last day of the Claim Setllement Period. The Claim Administralor will notify the Employer in <br /> writing of the results of the Claim Settlement.Any sums due the Claim Administrator will be paid"rimely by the Employ- <br /> e r. <br /> 6.3 Employer oi�e�/�ayment. I1�, within the Claim Settlement Period, the Transfer Payments exceed the Claim Settlement <br /> Total, the Claim Administrator may, at its option, pay such difi�erence to the Employer, apply the difference against <br /> �icsc n.�sn K�� ��o� -22- <br />