1991-124-RES WHEREAS, the City Council of the City of Paris, is desirous of providing health care for the City of Paris

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.... ... I SECTION TIIREE RElATIONSHIP OF PARTIES 3.01 Contractor shall not be construed, represented or held out to be a partner, associate, joint venturer or employee of Purchaser nor shall the Contractor be construed, represented, or hold out to be an agent of the Purchaser or agent of any insurance company". Contractor shall at all times have the status of an independent contractor. 3.02 Purchaser agrees not to engage any other party to perform the same work that Contractor performs hereunder while this Agreement is in effect, unless notice of termination has been given under paragraph 4.02 below. 3.03 Contractor is not a statutory fiduciary of Purchaser's Benefit Program nor is Contractor a plan administrator within the meaning of the Employee Retirement Income Security Act of 1974, Public Law 93-406. 3.04 This Agreement is not a contract of insurance and Contractor is not an insurer or underwriter of Purchaser's liability under the Benefit Program. Purchaser has and retains the ultimate responsibility for payment of claims and other expenses under the Benefit Program. SECTION FOUR TERM AND TERMINATION 4.01 The term of this Agreement shall be for the period of one (1) year commencing on the Effective Date specified herein and shall continue in full force and effect from year to year thereafter unless terminated as provided herein. 4.02 This Agreement may be terminated as follows: a. By either party on any anniversary of the Effective Date of this Agreement following thirty (30) days prior written notice to the other, b, By Contractor upon Purchaser's failure to fund the bank account as provided for in paragraph 6.02 of Section Six below, or c. By Purchaser for cause, upon 15 days prior written notice, if Contractor fails to correct any deficiency in the performance of its obligations under this Agreement within 15 working days after notice of such deficiency is given to Contractor by Purchaser in writing, d. By both parties on any date mutually agreed to. 4.03 If this Agreement is terminated by Purchaser, except as provided in paragraph 4.02 above, Purchaser agrees to pay to Contractor a termination fee in an amount equal to twice the average of the monthly administration fee due for all months immediately preceding termination. Such termination fee is due and payable within thirty (30) days after notice of termination, or immediately upon termination if no notice is given, and is in addition to any monthly administration fee, or portion thereof, or any other monies due and payable to Contractor under this Agreement. 4