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<br />SECfION THREE <br />RELATIONSHIP OF PARTIES <br /> <br />3.01 Contractor shall not be construed, represented or held out to be a partner, associate, joint <br />venturer or employee of Purchaser nor shall the Contractor be constmed, represented or held <br />out to be an agent of the Purchaser or agent of any insurance company. Contractor shall at <br />all times have the status of an independent contractor. <br /> <br />3.02 Contractor shall, upon request, assist purchaser in obtaining Stop Loss Reinsurance. If Stop <br />Loss reinsurance is purchascd, Contractor shall not be responsible for claims not timely filed <br />and not included within tlle Stop Loss coverage. Contractor shall attempt to assist Purchaser <br />in encouraging providers to file claims timely but Contractor assumes no responsibility for <br />the timely filing of such claims, and Purchascr commits not to sue contractor regarding any <br />claims arising out of Stop Loss reinsurance coverage so purchased. <br /> <br />3.03 Contractor is not a statutory fiduciary of Purchaser's Benefit Program nor is Contractor a plan <br />administrator within the meaning of the Employee Retirement Income Security Act of 1974, <br />Public Law 93-406. <br /> <br />3.04 This Agreement is not a contract of insurance, and Contractor is not an insurer or underwriter <br />of Purchaser's liability under the Benefit Program. Purchaser has and retains the ultimate <br />responsibility for payment of claims and other expenses under the Benefit Program. <br /> <br />SECfION FOUR <br />TERM AND TERMINATION <br /> <br />4.01 The tenn of this Agreement shall be for the period of one (I) year commencing on the <br />Effective Date specified herein and shall continue in full force and effect from year to year <br />thereafter unless tenninated as provided herein. <br /> <br />4.02 This Agreement may be tenninated as follows: <br /> <br />a. By either party on any anniversary of the Effective Date of this Agreement following <br />thirty (30) days' prior written notice to the other; <br /> <br />b. By Contractor upon Purchaser's failure to fund the bank account as provided for in <br />Paragraph 6.02 of Section Six below; <br /> <br />c. By Purchaser for cause, upon fiftecn (15) days' prior written notice, if Contractor <br />fails to correct any deficiency in the perfonnance of its obligations under the <br />Agreement witllin fifteen (15) working days after notice of such deficiency is given <br />to Contractor by Purchaser in writing; or <br /> <br />d. By both parties on a mutually agreeable date. <br /> <br />4 <br />