Res 1988-081 - Laserfiche WebLink

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E. -4- B. If the Employer fails to furnish any required information promptly, the Administrator shall not be responsible for any delay in the performance of the actuarial, claim, and underwriting services caused by this failure. SECTION 4--ADMINISTRATIVE FEES A. The Employer shall pay the Administrator monthly as stipulated in the Bid attached hereto this Agreement as Exhibit "B" and incorporated herein for all purposes for each employee participating in the Plan (by the lOth of each month). B. The Employer shall pay the Administrator, on date of assessment, any tax or charge assessed against the Administrator which may be incurred by reason of: 1. ~ ruling, or other determination by any insurance department or other governmental authori ty , to the effect that any administrative fees payable under this Section 4 or the amount of the claim payments made in accordance with the Plan and Section 1, paragraph D of this Agreement is an insurance premium and subj ect to the premium tax provisions of the applicable statutes, including any retroactive assessment. 2. a change in any charges imposed on the Administrator by any public body, exclusive of Federal or state Income taxes. C. A fair and reasonable addi tional fee for addi tional service or expense required of B-C because of governmental regulation or the Employer which was not known or contemplated at the time this Agreement was executed. D. Notwithstanding the foregoing paragraphs A and B of this Section 4, the Administrator shall also have the right to change any administrative fee or other charge on the anniversary date of this Agreement by giving not less than sixty (60) days prior written notice to the Employer. Any change in administrative fee shall apply to periods occurring subsequent to 'the change unless otherwise mutually agreeable to the parties hereto. One time advance fee to be paid in the amount that is stipulated in the Bid. SECTION 5--MISCELLANEOUS PROVISIONS A. The Administrator in performing its obligations under this Agreement is acting only as an independent contractor of the Employer and the rights and responsibilities of the parties shall be determined in accordance with the law relating to independent contractors except as otherwise herein provided. For the purposes of the "Employee Retirement Income Security Act of 1974" and any applicable state legislation of similar nature, the Employer shall be deemed the Administrator and sponsor of the Plan.