R93-166 AUTHORIZING AGREEMENT GALLAGHER-BASSETT SERVICES, INC.

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-7- ' Organization, CLIENT agrees to comply with the procedures for utili2ing the Affordable Healthcare . Concepts PPO Program. L. Reporting - GB will not assume that other coverage (unknown to GB) exists for a qualified claim or loss. ' GB shall not be responsible for reporting to carriers on a type of claim or loss not managed by GB. , M. Propertv Catastrophe Charqes - Any property loss involving multiple locations as a result of natural I disasters from a covered peril will be billed at time and expense at GB's prevailing hourly rate. , N. Casualtv (LiabilitvNVorkers' Compensation) Catastrophe/Multiple Claim Occurrence Charqes - Any accident or occurrence, where the GB Catastrophe Plan has been implemented, will be billed at time and expense at GB's prevailing hourly rate. O. Fines and Penalties - GB shall not be responsible for any fines or penalties assessed by any governmental agency because of the acts or omissions of the CLIENT, or by previous or successor claim administrators. P. Solicitation of Emqlovees - CLIENT agrees that, during the term of this Agreement and for a two-year period thereafter, CLIENT shall not, without the consent of GB, solicit to hire, or hire any employee of GB who, during the term of this Agreement, has performed, or contributed to the performance of, services hereunder. CLIENT further acknowledges that the damages suffered by GB as a result of a breach of this obligation would be significant but not susceptible of easy calculation. Accordingly, in the event of a breach of the aforesaid obligation, CLIENT agrees to pay GB an amount equal to one hundred fifty percent (150%} of such employee's annualized salary amount at GB as of the date of breach. Q. Risk Manaqement Consultinq - With respect to any risk management consulting services, including any form of inspection service provided by GB to CLIENT: 1. Such services shall be in the nature of advisory to the CLIENT only and shall not be construed as imposing upon GB any duty to implement any recommendation made by GB or to otherwise ensure that any premises, equipment or other subject matter of a GB consulting service is safe or free from hazards or defects; 2. Such services shall be solely for the benefit of CLIENT and shall not be construed as creating any duty to, or conferring any right to, any third party, including without limitation, any duty to warn any third party or the public at large; 3. The scope of such services may be subject to further limitations pursuant to the terms of any written reports delivered to CLIENT and respecting such services; 4. CLIENT shall make no communication to any third party concerning the role or nature of GB's services without the prior consent of GB. R. Claim File Records - GB will retain claim files for 24 months following date of closure. Thereafter, files will be returned to the CLIENT or forwarded to such location as may be designated by the CLIENT for conanued storage. S. Subroqation - To the extent GB is involved in pursuing recoveries against third parties or otherwise undertaking subrogation activities on behalf of CLIENT, GB is authorized to collect, in the name of the CLIENT or in the name of GB, all funds due as a result of such recovery or subrogation activities. GB shall not be required to establish any trust accounts for the benefit of CLIENT, but shall promptly and fully account for all funds so received. Cont-LE(7i89)