R2004-163 AUTHORIZING APPLICATIONS FOR GROUP HEALTH INSURANCE COVERAGE

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2.08 Discretion and Authoritv. "EMPLOYER" shall have absolute authority with respect to the control, management, investment, disposition or utilization of Plan assets. "EMPLOYER", may however, instruct the"Administrator"to utilize Plan assets in any manner it deems proper. SECTION III Duties and Powers of the"Administrator" 3.01 General. In general, the"Administrator" shall be responsible for the performance of the functions enumerated in this Section III and is authorized to perform all acts necessary and proper to carry out these functions. 3.02 Adjust and Settle Claims. Subject to Paragraph 2.04 above, the"Administrator" is authorized on behalf of "EMPLOYER"to adjust and settle all incurred and reported claims of eligible Plan Participants for benefits in accordance with the terms and conditions of the Plan. 3.03 Maintain Records. The"Administrator" shall prepare and maintain true, correct and accurate records and accounts regarding each transaction it performs on behalf of the Plan. Such computer records shall be maintained for the current benefit period plus one year. The paper files for prior benefit periods will be shipped to "EMPLOYER" for proper storage. Upon termination of this Agreement, all paper records will be returned to "EMPLOYER" or a designee of"EMPLOYER". The"Administrator" agrees that all records, accounts, data or other information in any form whatsoever which is made available by "EMPLOYER" or is generated by the "Administrator"in the performance of the administrative services contemplated hereunder, are the confidential and private records of"EMPLOYER". The "Administrator" shall preserve the confidential and private nature of such materials, unless disclosure of the contents thereof shall specifically be authorized in writing by "EMPLOYER" or be required by law. 3.04 Monthly Accounting. At the end of each calendar month during the Agreement Year, the "Administrator" shall provide"EMPLOYER"with an accounting of payments made, including sufficient detail to allow for audit and complete control of funds utilized. 3.05 Assistance in Reporting and Compliance. During the life of this contract, the "Administrator" shall,based on information it may possess, assist appropriate parties in preparation of any tax return, report or other document required by any local, State or Federal government or agency thereof. 3.06 Assistance in Obtaining Insurance Covera�e. On a best efforts basis, the "Administrator", or through other sources,may assist"EMPLOYER"in making any arrangement for the acquisition of policies of insurance to provide any of the benefits provided under the Plan, or policy of excess loss coverage or other types of insurance or 4