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• VI. CLAIM SETTLEMENTS <br /> A. A Claim Settlement shall be determined for each monthly period. Such period will be referred to <br /> as the "Claim Settlement Period." The Claim Settlement shall reflect the sum of the following: <br /> 1. All Net Claim Payments calculated on the basis of Claim Payments paid by the Claim Admin- <br /> istrator in the particular Claim Settlement Period. <br /> 2. All Net Claim Payments calculated on the basis of Claim Payments paid by the Claim Admin- <br /> istrator in prior Claim Settlement Periods that have not been included in a prior Claim Settle- <br /> ment. <br /> 3. The service charges specified in section IV. of this Agreement <br /> The sum of 1., 2., and 3. above shall be referred to as the Claim Settlement Total. <br /> B. If, within the Claim Settlement Period, the Claim Settlement Total exceeds the Post Payments, <br /> the Employer will pay the difference to the Claim Administrator. The Claim Settlement will be de- <br /> termined within sixty (60) days from the last day of the Claim Settlement Period. The Claim Ad- <br /> ministrator will notify the Employer in writing of the results of the Claim Settlement.Any sums due <br /> the Claim Administrator will be paid by the Employer within ten (10) days from the date the Claim <br /> Administrator notifies the Employer. <br /> C. If, within the Claim Settlement Period,the Post Payments exceed the Claim Settlement Total,the <br /> Claim Administrator may, at its option, pay such difference to the Employer, apply the difference <br /> against amounts then owed the Claim Administrator by the Employer or authorize a reduction <br /> equal to such difference from the next Claim Settlement due the Claim Administrator from the <br /> Employer. <br /> VII. CLAIM PAYMENTS, NET CLAIM PAYMENTS, AUDITS AND CORRECTIONS OF ERRORS <br /> � A. Upon receipt of a Claim,the Claim Administrator will make a Claim Payment provided that all pay- <br /> ments due the Claim Administrator under the terms of the Agreement are paid when due, and <br /> provided further, that the Employer performs all of its other obligations under the Agreement. <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 of <br /> the liability of the Employer to the Claim Administrator for such Net Claim Payment pursuant to <br /> section above entitled "Claim Settlements." <br /> C. During the term of the Agreement and within one hundred eighty(180)days after the termination <br /> of the Agreement,the Employer may, upon at least thirty(30)days prior written notice to the Claim <br /> Administrator, conduct reasonable audits of the Claim Administrator's records in regard to Claim <br /> Payments and Net Claim Payments made under the Agreement. All such audits shall be subject <br /> to the Claim Administrator's external review procedures and guidelines, a copy of which shall be <br /> furnished to the Employer upon written request to the Claim Administrator. <br /> D. Any errors identified in Claim Payments and Net Claim Payments will be promptly corrected by <br /> the Claim Administrator subject to the terms and conditions of the Agreement. The Employer will <br /> assist and cooperate with the Claim Administrator in recovering errors in Net Claim Payments <br /> to Covered Persons but the responsibility for such errors in Net Claim Payments shall ultimately <br /> be the Claim Administrator's,limited to the Claim Administrator's making an equitable adjustment <br /> to the Employer's account. However, the Claim Administrator shall be responsible only for the <br /> correction of errors identified in specific Claim Payments and Net Claim Payments and shall not <br /> be responsible for errors calculated to exist in a population of Claim Payments and Net Claim <br /> Payments on the basis of a sample drawn from that population. Further, the Claim Administrator <br /> • has the right to implement reasonable administrative practices in the administration of the Agree- <br /> ment. Minor deviations in Claim Payments and Net Claim Payments from the provisions of the <br /> Agreement as a result of such reasonable administrative practices shall not be considered errors. <br /> - 4 - <br />