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Any sums due the Claim Administrator will be paid by the Employer within ten (10) days from <br /> the date the Claim Administrator notifies the Employer. <br /> C. If, within the Claim Settlement Period, the Transfer Payments exceed the Claim Settlement <br /> Total, the Claim Administrator may, at its option, pay such difference to the Employer, apply <br /> the difference against amounts then owed the Claim Administrator by the Employer or autho- <br /> rize a reduction equal to such difference from the next Claim Settlement due the Claim Admin- <br /> istrator from the Employer. <br /> X. CLAIM PAYMENTS, NET CLAIM PAYMENTS, AUDITS AND CORRECTIONS OF ERRORS I <br /> A. Upon receipt of a Claim,the Claim Administrator will make a Claim Payment provided that all ', <br /> payments due the Claim Administrator under the terms of the Agreement are paid when due, <br /> and provided further,that the Employer performs all of its other obligations under the Agree- <br /> ment. � <br /> B. Any reasonable determination by the Claim Administrator in adjudicating a Claim under the ' <br /> Agreement that a Covered Person is entitled to a Net Claim Payment is conclusive evidence �, <br /> of the liability of the Employerto the Claim Administrator for such Net Claim Payment pursuant '� <br /> to section above entitled "Claim Settlements." I <br /> C. During the term of the Agreement and within one hundred eighty(180)days after the termina- 'i <br /> tion of the Agreement,the Employer may, upon at least thirty (30) days prior written notice to 'I <br /> the Claim Administrator, conduct reasonable audits of the Claim Administrator's records in re- <br /> gard to Claim Payments and Net Claim Payments calculated on the basis of Claim Payments I� <br /> made underthe Agreement.All such audits shall be subjectto the Claim Administrator's exter- �I <br /> nal review procedures and guidelines,a copy of whick�shall be furnished to the Employer upon <br /> written request to the Claim Administrator. <br /> D. Any errors identified in Claim Payments and Net Claim Payments will be promptly corrected <br /> by the Claim Administrator subject to the terms and conditions of the Agreement. The Em- <br /> ployer will assist and cooperate with the Claim Administrator in recovering errors in benefit <br /> payments made to Covered Persons but the responsibility for such errors in Claim Payments <br /> and Net Claim Payments calculated on the basis of Claim Payments shall ultimately be the <br /> Claim Administrator's, limited to the Claim Administrator's making an equitable adjustment to <br /> the Employer's account. However, the Claim Administrator shall be responsible only for the <br /> correction of e�rors identified in specific Claim Payments and Net Claim Payments and shall <br /> not be responsible for errors calculated to exist in a population of Claim Payments and Net <br /> Claim Payments on the basis of a sample drawn from that population. Further, the Claim <br /> Administrator has the right to implement reasonable administrative practices in the adminis- <br /> tration of the Agreement. Minor deviations in Claim Payments and Net Claim Payments from <br /> the provisions of the Agreement as a result of such reasonable administrative practices shall <br /> not be considered errors. <br /> E. During the term of the Agreement and within one hundred eighty(180)days after the termina- <br /> tion of the Agreement,the Claim Administrator may, upon at least thirty(30)days prior written <br /> notice to the Employer, conduct reasonable audits of Employer's membership records with <br /> respect to eligibility. <br /> XI. PAYMENT OF CLAIMS AND ASSIGNMENT OF BENEFITS <br /> - A. All payments by the Claim Administrator for the benefit of any Covered Person may be made <br /> directly to any Provider furnishing Covered Services for which such payment is due, and the <br /> Claim Administrator is authorized by such Covered Person to make such payments directly <br /> to such Providers. However, the Claim Administrator reserves the right in its sole discretion <br /> to pay any benefitsthat are payable under the terms ofthis Plan directly to the Covered Person <br /> - 6 - � <br />