Laserfiche WebLink
<br />SECTION THREE <br />RELATIONSHIP OF PARTIES <br /> <br />3.0 I 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 construed, represented or <br />held out to be an agent of the Purchaser or agent of any insurance company. Contractor <br />shall at 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 <br />Stop Loss reinsurance is purchased, Contractor shall not be responsible for claims not <br />timely-filed and not included within the Stop Loss coverage. Contractor shall attempt to <br />assist Purchaser in encouraging providers to file claims timely but Contractor assumes no <br />responsibility for the timely filing of such claims, and Purchaser commits not to sue <br />contractor regarding any 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 <br />plan administrator within the meaning of the Employee Retirement Income Security Act <br />of 1974, Public Law 93-406. <br /> <br />: ., <br /> <br />3.04 This Agreement is not a contract of insurance, and Contractor is not an insurer or <br />underwriter of Purchaser's liability under the Benefit Program. Purchaser has and retains <br />the ultimate responsibility for payment of claims and other expenses under the Benefit <br />Program. <br /> <br />SECTION FOUR <br />TERM AND TERMINATION <br /> <br />4.01 The term 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 <br />year thereafter unless terminated as provided herein. <br /> <br />4.02 This Agreement may be terminated as follows: <br /> <br />a. By either party on any anniversary of the Effective Date of this Agreement <br />following 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 <br />in Paragraph 6.02 of Section Six below; <br /> <br />c. By Purchaser for cause, upon fifteen (15) days' prior written notice, if Contractor <br />fails to correct any deficiency in the performance of its obligations under the <br />Agreement within fifteen (15) working days after notice of such deficiency is <br />given to Contractor by Purchaser in writing; or <br /> <br />d. <br /> <br />By both parties on a mutually agreeable date. <br /> <br />I <br />! <br /> <br />4 <br /> <br />'I I <br />I' "I <br />. ,I!I <br />