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• 1. All Claim Payments provided by the Claim Administrator in the particular Claim Settlement <br /> Period. <br /> 2. All Claim Payments provided by the Claim Administrator in prior Claim Settlement Periods <br /> that have not been included in a prior Claim Settlement. <br /> 3. The service charge as computed on the total of 1. and 2. above. <br /> The sum of VI. A. 1., 2., and 3. above shall be referred to as the Claim Settlement Total for <br /> that Claim Settlement Period. <br /> B. If within the Claim Settlement Period,the Claim Settlement Total exceeds the Transfer Payments <br /> received in the particular Claim Settlement Period, the Employer will pay the difference to the <br /> Claim Administrator. The Claim Settlement will be determined within sixty(60)days from the last <br /> day of the Claim Settlement Period. The Claim Administrator will notify the Employer in writing <br /> of the results of the Claim Settlement. Any sums due the Claim Administrator will be paid by the <br /> Employer within ten (10) days from the date the Claim Administrator notifies the Employer. <br /> C. If within the Claim Settlement Period, the Transfer Payments received in the particular Claim <br /> Settlement Period exceed the Claim Settlement Total, the Claim Administrator may, at its option, <br /> pay such difference to the Employer, apply the difference against amounts then owed the Claim <br /> Administrator by the Employer or authorize a reduction equal to such difference from the next <br /> Transfer Payment(s) due the Claim Administrator from the Employer. <br /> VI1. CLAIMS, AUDITS AND CORRECTION OF ERRORS <br /> A. Upon receipt of a Claim, the Claim Administrator will adjudicate the Claim in accordance with the <br /> Plan. The Employer retains the right to make final determinations as to the interpretation and <br /> � meaning of the provisions of the Plan and the applicability of any such provision in general or in <br /> any particular case. However, any reasonable determination by the Claim Administrator in adju- <br /> dicating a Claim that a Covered Person is entitled to a benefit shall be conclusive evidence of <br /> the liability of the Employer to the Claim Administrator for the Claim Payment pursuant to the <br /> above Section entitled "Claim Settlements." <br /> B. During the term of this Agreement and within one hundred eighty(180)days after the termination <br /> of this Agreement, the Employer may, upon at least thirty (30) days prior written notice to the <br /> Claim Administrator, conduct reasonable audits of the Claim Administrator's records in regard <br /> to Claim Payments made under this Agreement. The audit period may not exceed the two (2) <br /> years immediately preceding the commencement date of the particular audit. All such audits <br /> shall be subject to the Claim Administrator's external review procedures and guidelines, a copy <br /> of which shall be furnished to the Employer upon written request to the Claim Administrator. <br /> C. Any errors identified in adjudicating Claims will be promptly corrected by the Claim Administrator <br /> subject to the terms and conditions of this Agreement. The Employer will assist and cooperate <br /> with the Claim Administrator in recovering errors in payments to or on behalf of Covered Persons <br /> but the responsibility for such errors in payments shall ultimately be the Claim Administrator's, <br /> limited to the Claim Administrator's making an equitable adjustment to the Employer's account. <br /> However, the Claim Administrator shall be responsible only for the correction of errors identified <br /> in specific Claims and shall not be responsible for errors calculated to exist in a population of <br /> Claims 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 this Agree- <br /> ment. Minor deviations in Claim adjudications from the provisions of this Agreement as a result � <br /> of such reasonable administrative practices shall not be considered errors. <br /> • I <br /> - 4 - <br />