R2000-207 AUTHORIZING APPLICATIONS

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or Provider furnishing Covered Services. All benefits payable to the Covered Person which remain unpaid at the time of the death of the Covered Person will be paid to the estate of the Covered Person. B. Once Covered Services are rendered by a Provider, the Covered Person has no right to re- quest the Claim Administrator not to pay the Claim submitted by such Provider and no such request by a Covered Person or his agent will be given effect. Furthermore,the Claim Adminis- trator will have no liability to the Covered Person or any other person because of its rejection of such request. C. Neither the Plan nor a Covered Person's claims for payment of benefits under the Plan are assignable in whole or in part to any person or entity at any time. Coverage under the Plan , is expressly non-assignable or non-transferable and will be forfeited if a Covered Person at- tempts to assign ortransfer coverage or aids or attempts to aid any other person in fraudulent- ly obtaining coverage underthe Plan. However,if the Claim Administrator makes payment be- ! cause of a person's wrongful use of the identification card of a Covered Person,such payment � will be considered a proper payment and the Claim Administrator will have no obligation to I ' pursue recovery of such payment. �i The Employer represents that it has included the provision stated in this Section XI. in its Plan Doc- �il ument. , XII. LATE PAYMENTS AND REMEDIES A. If the Employer fails to pay when due any amount required to be paid to the Claim Administra- tor hereunder, and such default is not cured within ten (10) days of written notice to the Em- ployer,the Claim Administrator may, at its option,terminate this Agreement as of the effective date specified in such notice. B. If either the Employer or the Claim Administrator fails to perform any obligation or covenant provided hereunder, other than those specified in Section XII. A. above, and such default is not cured within thirty(30)days of written notice to the defaulting party, then the party provid- ing such notice may, at its option,terminate this Agreement as of the effective date specified in such notice. C. All rights and remedies given to the Employer or the Claim Administrator underthis Agreement shall be distinct,separate and cumulative,and the use of one or more thereof shall not exclude or waive any other right or remedy allowed at law or in equity,unless specifically waived in this Agreement. Further, no waiver of any breach or default of either party hereunder shall be im- plied from any omission by the other party to take any action on account of any similar or differ- ent breach or default. Nor shall the Claim Administrator's failure to provide the Employer with timely notice of any amount due hereunder be considered a waiver of payment of any amount which may otherwise be due hereunder from the Employer. D. If the Employer fails to make any payment required by this Agreement when due, the Claim Administrator, at its option, may charge interest on such late payment or payments from the due date at an annual rate of twelve (12%) percent. In addition, if the Employer becomes insolvent, however evidenced, or is in default of its ob- ligation to make any Transfer Payment as provided hereunder, or if any other default hereun- der has occurred and is continuing,then any indebtedness of the Claim Administrator to the Employer(including any and all contractual obligations of the Claim Administrator to the Em- __ , ployer) may be offset and/or recouped and applied toward the payment of the Employer's ob- ligations hereunder, whether or not such obligations, or any part thereof, shall then be due the Employer. E. If the Claim Administrator terminates this Agreement for failure of the Employer to make pay- ment or payments due the Claim Administrator and/or for failure to perform any other obliga- - 7 -