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<br />SECTION SIX <br />CLAIMS PAYMENT AND BANKING ARRANGEMENT <br /> <br />6.01 Purchaser shall establish a bank account on which Contractor shall write drafts for the <br />payment of Benefit Program claims and expenses. Purchaser agrees and is obligated <br />to arrange for sufficient funds to be available in such account to cover all drafts <br />validly issued against the account. Contractor shall notify Purchaser, simultaneous <br />with the release of checks, the amount that is required to be deposited by Purchaser <br />to cover the checks issued. <br /> <br />6.02 Contractor shall have the right to terminate this Agreement upon notice to Purchaser <br />in the event that Purchaser fails to fund such account within three (3) banking days <br />after notice is given by Contractor that such funds are required to be deposited. <br /> <br />6.03 Notice by Contractor, as contemplated in paragraph 6.02 above. shall be sufficient if <br />given by telephone. fax or by u.s. mail, delivery service or personal delivery to <br />Purchaser's designee or the signatory to this Agreement at the telephone number or <br />address specified in Item Five of the current Exhibit to this Agreement. Any <br />telephonic notice given will be confirmed in writing within 24 hours. <br /> <br />SECTION SEVEN <br />NOTICES <br /> <br />7.01 All notices given under in this Agreement. unless otherwise provided for herein, must <br />be in writing and shall be deemed to have been given for all purposes when personally <br />delivered and received or when deposited in the United States mail, first-class postage <br />prepaid, certified or registered return receipt requested and addressed to the parties <br />as set forth in Item Five of the current Exhibit to this Agreement. <br /> <br />SECTION EIGHT <br />INDEMNIFICATION AND HOLD HARMLESS <br /> <br />8.01 To the extent permitted by applicable law, Purchaser shall indemnify, hold harmless <br />and defend Contractor, its officers, directors, employees and agents, against any and <br />all liability, obligations, risks, expenses, costs, damages, losses or judgments, (including <br />reasonable attorney's fees) and against any and all claims or actions based upon, <br />arising out of, or in any way connected with the services rendered by Contractor <br />pursuant to the terms of this Agreement--except for willful misconduct or gross <br />negligence in the performance of said services by Contractor. its officers, directors, <br />employees or agents. <br /> <br />8.02 To the extent permitted by applicable law, Contractor, its officers, directors, <br />employees and agents shall not be liable for any indirect, special, consequential or <br />incidental damages in connection with or arising out of services provided hereunder <br />and Contractor shall not be liable to Purchaser, or anyone else claiming a right by way <br />of any relationship with Purchaser, for any acts or omissions in the performance of <br />services by Contractor contemplated hereunder, except when such acts or omissions <br />are due to Contractor's willful misconduct or gross negligence. <br /> <br />6 <br />