R95-141 AUTHORIZING APPLICATIONS FOR GROUP HEALTH INSURANCE COVERAGE

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• D. The Claim Administrator hereby agrees to indemnify and hold harmless the Employer and its di- rectors, officers and employees against any and all claims, lawsuits, settlements, judgments, costs, penalties and expenses with respect to this Agreement resulting from or arising out of any acts of the Claim Administrator or its employees which have been determined to be fraudulent or criminal by a court of competent jurisdiction. E. The Claim Administrator does not insure or underwrite the liability of the Employer under the Plan and has no responsibility for determining the terms of the Plan or the benefits to be provided thereunder. The Employer retains the ultimate responsibility for claims under the Plan and all expenses incident to the Plan, except as specifically assumed in this Agreement by the Claim Administrator. The Employer agrees to indemnify and hold harmless the Claim Administrator and its directors, officers and employees against any and all loss, liability, damages, penalties and expenses, including attorneys' fees, or other cost or obligation resulting from or arising out of claims, lawsuits, demands, settlements or judgments brought against the Claim Administrator in connection with the design or administration of the Plan including, but not limited to, any claim based upon the disclosure of any information regarding a Covered Person by the Claim Adminis- trator to the Employer or in connection with a claim for benefits under the Plan unless it is first judicially determined by a court of competent jurisdiction that the liability therefor was the direct consequence of dishonest or criminal conduct, or fraud on the part of the Claim Administrator or any of its directors, officers or employees. F. If it is determined that any payment has been made under this Agreement to an ineligible em- ployee or dependent, or if it is determined that more or less than the correct amount of any pay- ment hereunder has been paid by the Claim Administrator, the Claim Administrator will make a diligent attempt to recover any such payment made to an ineligible person or overpayment, or • the Claim Administrator will adjust the underpayment, but the Claim Administrator will not be re- quired to initiate court proceedings for any such recovery. G. The Employer shall furnish on a timely basis to the Claim Administrator certain information con- cerning the Plan and employees and dependents covered under the Plan ("Covered Persons") as may from time to time be required by the Claim Administrator for the performance of its duties including, but not limited to, the following: 1. All documents by which the Plan is established and any amendments or changes to the Plan as may from time to time be adopted. 2. All data as may be required by the Claim Administrator regarding the Covered Persons who are to be covered under this Agreement. a. Such data may include,without limitation,a list of Covered Persons who are to be covered under the Agreement and completed application cards. It is the Employer's obligation to notify the Claim Administrator no later than thirty-one (31) days after the effective date of any change in a Covered Person's status under this Agreement. Clerical errors or de- lays in keeping or reporting data relative to coverage under this Agreement will not invali- date coverage which would otherwise be validly in force or continue coverage which would otherwise validly terminate. However, the Employer is liable for any benefits paid for a terminated Covered Person if the Employer had not timely notified the Claim Admin- istrator of such Covered Person's termination. b. All such notifications by the Employer to the Claim Administrator must be furnished on forms or in a format approved by the Claim Administrator and must include all information • reasonably required by the Claim Administrator to effect such changes. The Employer, furthermore, shall use its best efforts to cooperate with and assist the Claim Administrator, as applicable, in the performance of its duties hereunder. - 2 -