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� an undetermined but substantial number of Claims for services rendered or furnished prior to that <br /> date which have not been submitted to the Claim Administrator for reimbursement and also an <br /> undetermined but substantial number of Claims submitted for reimbursement which have not <br /> been paid by the Claim Administrator. The Employer shall be responsible for the reimbursement <br /> of all Net Claim Payments calculated on the basis of Claim Payments for services rendered or <br /> furnished to a Covered Person prior to the date of termination, whether or not Claims for such <br /> services have been submitted, or Net Claim Payments calculated on the basis of Claim Pay- <br /> ments for such services have been made by the Claim Administrator, as of the date of termina- <br /> tion, including, but not limited to, Claim Payments made in accordance with MSP laws, and for <br /> the payment of the service charge(s) in effect on the date of termination. Further, if a Covered <br /> Person is an Inpatient at the time his coverage under the Plan terminates, the Plan shall provide <br /> benefits for Covered Services which are provided by and regularly charged for by a Hospital or <br /> other facility Provider until the Covered Person is discharged or until the end of the Covered Per- <br /> son's benefit period, whichever occurs first ("Extended Benefits"). The Employer shall be liable <br /> to the Claim Administrator for all Claim Payments, Net Claim Payments and the applicable ser- <br /> vice charge(s) for such Extended Benefits. <br /> C. In consideration of Claim Administrator's continuing to make Claim Payments in accordance with <br /> Section VII. above, the Employer shall continue to make Post Payments after the effective date <br /> of termination of this Agreement for Claims incurred prior to the termination date of the Agree- <br /> ment and paid after such date. <br /> D. The Employer further acknowledges that the Claim Administrator may make Claim Payments for <br /> services rendered or furnished prior to the termination date or as otherwise specified in Section <br /> IX. paragraph B. above, including, but not limited to, Claim Payments made in accordance with <br /> • MSP laws. The Claim Administrator will bill the Employer periodically, but not more frequently <br /> than monthly, for the total Net Claim Payments and the service charge(s) in effect on the date <br /> of termination. All sums due the Claim Administrator will be paid in full by the Employer no later <br /> than ten (10) days after the Employer's receipt of the Claim Administrator's invoice for such pay- <br /> ment. <br /> X. RELATIONSHIP OF PARTIES <br /> A. The Claim Administrator is an independent contractor with respect to the Employer, and nothing <br /> in this Agreement shall create, or be construed to create, the relationship of Employer and em- <br /> ployee between the Claim Administrator and the Employer, nor shall the Employer's agents, offi- <br /> cers or employees be considered or construed to be considered employees of the Claim Admin- <br /> istrator for any purpose whatsoever. <br /> B. It is understood and agreed that nothing contained in this Agreement shall confer or be construed <br /> to confer any benefit on persons who are not parties to this Agreement including, but not limited <br /> to, employees of the Employer and their dependents. <br /> C. Section XVII. below entitled "ERISA" contains further information regarding the relationship of <br /> the parties hereto. <br /> XI. APPLICABLE LAW <br /> This Agreement, to the extent not preempted by ERISA, shall be governed by the laws of the state <br /> of Illinois. <br /> � <br /> - 6 - <br />