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. <br /> 4.5 Payment of Fees: The Claims Handling Fee applicable to a feature shall be due,payable <br /> and eamed in the month in which the Feature file is opened. Fees for other services shall <br /> be due and payable in the month in which the service is rendered. The City shall pay to <br /> Contractor all Claims Handling Fees and other fees hereunder within twenty (20) days of <br /> receipt of the Contractor's complete and detailed invoice. <br /> 4.6 Reimbursement of Loss Payments: The City shall reimburse Contractor for any I.ass <br /> Payments (including LAE)paid in accordance with the terms of this AGREEMENT <br /> within twenty (20) days of receipt of the Contractor's complete and detailed invoice. <br /> 4.7 Settlement Authority: The City retains the right to direct Contractor in the <br /> investigation, settlement and defense of, and the City shall have final settlement authority <br /> with respect to each Claim. However, Contractor is not obligated to obtain the consent of <br /> the City prior to settling a Claim within its Settlement Authority or if Contractor has <br /> obtained the City's consent to settle any Claim for amounts in excess of its Settlement <br /> Authority. <br /> 4.8 Approved Legal Counsel: The City retains the right to direct Contractor to use legal I <br /> counsel of the City's choice in the defense of any specific Claim to be adjusted hereunder. ' <br /> 5. ACCOUNTING AND REPORTING I <br /> 5.1 Monthly Accounting Statement: Within ten (10)business days following the end of <br /> each calendar month during the term of this AGREEMENT, Contractor shall provide to <br /> City a written statement which shall detail the following information for such month (the <br /> "Monthly Accounting Statement"): <br /> • Loss Payment summary, exclusive of LAE; <br /> • Claims Handling Fees earned by Contractor, and; <br /> • An itemization of all LAE payments. <br /> 5.2 Monthly Claims Report: Within ten(10)business days following the end of each <br /> calendar month during the term of this AGREEMENT, Contractor shall provide to City a <br /> monthly claims report, in a format and media mutually acceptable to the parties. <br /> 5.3 1099 Reports: City shall prepare 1099 reports and make all required filings in <br /> compliance with Internal Revenue Service requirements for all payees required to receive <br /> such reports as a result of payments made pursuant to this AGREEMENT. <br /> 5.4 Ad Hoc Reports: The City may request ad hoc reports from time to time. If preparation <br /> of the report is reasonably feasible, then Contractor shall provide to City an estimate of <br /> the cost and time to prepare the same. Upon receipt of City's written approval of the <br /> estimate, Contractor shall commence preparation of the report. <br /> -5 - <br />