R99-108 AUTHORIZING APPLICATIONS

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undetermined but substantial number of Claims submitted for reimbursement which have not � been paid by the Claim Administrator.The Employer shall be responsible for the reimbursement of all Net Claim Payments calculated on the basis of Claim Payments for services rendered or , furnished to a Covered Person prior to the date of termination, whether or not Claims for such � services have been submitted, or Net Claim Payments calculated on the basis of Claim Pay- '� ments for such services have been made by the Claim Administrator, as of the date of termina- '� tion, including, but not limited to, Claim Payments and/or Net Claim Payments made in accor- dance with MSP laws, and for the payment of the service charges applicable to the processing of such Claims after the termination date of this Agreement. Further, if a Covered Person is an Inpatient at the time his coverage under the Plan terminates, the Plan shall provide benefits for Covered Services which are provided by and regularly charged for by a Hospital or other facility Provider until the Covered Person is discharged or until the end of the Covered Person's benefit period, whichever occurs first ("Extended Benefits"). The Employer shall be liable to the Claim Administrator for all Claim Payments, Net Claim Payments and the applicable service charges for such Extended Benefits. C. In consideration of the Claim Administrator's continuing to make Claim Payments in accordance with Section X. above, the Employer shall continue to make Transfer Payments for a three (3) month period after the effective date of termination for Claims incurred prior to the termination date of the Agreement and paid after such date(such period shall be referred to as the"Tentative Final Settlement Period"). D. A Final Settlement shall be made within sixty (60) days after the last day of the Tentative Final Settlement Period. This Final Settlement shall compare the Transfer Payments against the Claims Settlement Total for the Tentative Final Settlement Period. The difference shall be paid or applied as set forth in Section IX.of this Agreement. However,if the Transfer Payments exceed � the Claim Settlement Total for the Tentative Final Settlement Period, the Claim Administrator shall pay such difference to the Employer after applying the difference against amounts, if any, then owed to the Claim Administrator by the Employer. E. The Employer further acknowledges that the Claim Administrator may make Claim Payments af- ter the Tentative Final Settlement is computed for services rendered or furnished prior to the ter- mination date or as otherwise specified in Section XIII. paragraph B. above, including, but not limited to, Claim Payments made in accordance with MSP laws.The Claim Administrator will bill the Employer periodically,but not more frequently than monthly,forthe total Net Claim Payments and the service charges applicable to the processing of such Claims after the termination date of this Agreement. All sums due the Claim Administrator will be paid in full by the Employer no later than ten (10)days after the Employer's receipt of the Claim Admiriistrator's invoice for such payment. XIV. RELATIONSHIP OF PARTIES A. The Claim Administrator is an independent contractor with respect to the Employer, and nothing in this Agreement shall create, or be construed to create, the relationship of Employer and em- ployee between the Claim Administrator and the Employer, nor shall the Employer's agents, offi- cers or employees be considered or construed to be considered employees of the Claim Admin- istrator for any purpose whatsoever. B. It is understood and agreed that nothing contained in this Agreement shall confer or be construed to confer any benefit on persons who are not parties to this Agreement including, but not limited to, employees of the Employer and their dependents. C. Section XIX.below entitled"ERISA"contains further information regarding the relationship of the � parties hereto. XV. COVERED PERSON/PROVIDER RELATIONSHIP - 8 -