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d. it is understood that the Administrator will perform its duties as defined above in a consistent manner within the scope of its daily operation in review and adjudication of claims on your behalf. AUDIT: We shall have the right to inspect and audit all records and procedures of you and your Administrator. We may require. upon request, proof of records satisfactory to Us that payment has been made to the Covered Person or the provider of such services or benefits which are the basis of any claim hereunder. HOLD HARMLESS: The Company agrees to hold the Reinsurer harmless for any legal expenses incurred or judgment(s) awarded arising out of any dispute involving a participant or former participant of the Company's Benefit Plan covered by this agreement as respects any participant's claim of any rights under the Company's Benefit Plan provided such legal expenses or judgments were not incurred as a result of the sole negligence or intentional wrongful acts of the Reinsurer. NOTICE OF CLAIM: You shall give written notice of claims to Us on a form provided by Us within 30 days of the date you become aware of the existence of facts which would reasonably suggest the possibility that benefits will be incurred which are covered by this Treaty. You shall provide written notification to Us when benefits have been incurred which are covered by this Treaty. You shall provide written notification to Us when benefits have been incurred by the Covered Person which are equal to exceed 50% of the Specific Retention Amount. Your failure to furnish such written notice within 30 days shall not invalidate nor reduce any claim if it was not reasonably possible to give such written notice within that time, provided that such written proof of loss is furnished no later than I year after the date that written notice of claims is otherwise provided and that the claim has been paid by you within the term of that Treaty Year, subject to the other provisions of that Treaty Year. You shall also notify Us immediately when a Covered Person incurs Eligible Expenses for any of the following diagnoses: 1. Acquired Immune Deficiency Syndrome - AIDS 2. Head or Spinal Cord Injury 3. Malignant Tumors of the brain, liver or pancreas 4. Premature Birth 5. Severe Burn Cases 6. Severe Stroke 7. Severe Trauma You and your Administrator shall submit on a timely basis all proofs, reports and supporting documents requested by Us. NOTICE OF APPEAL: Any objection, notice of legal action, or complaint received on a claim processed by you or your Administrator, and on which it reasonably appears benefits will be payable under this Treaty, shall be brought to the immediate attention of our Claims Department. SUBROGATION: You shall prosecute any and all valid claims that you may have against third parties arising out of any claim for which benefits were paid by the Plan. You or your Administrator shall account to Us for all amounts recovered. If you or your Administrator fails to pursue any action against a third party and We have made excess benefit payments under this Treaty, We shall be subrogated to all of your rights. You shall cooperate fully and do all things necessary and required for Us to pursue any action to recover against the third party. Any amounts recovered by you. your Administrator or the Covered Person in such action shall be used first to reimburse the expenses of recovery and then to reimburse Us for any excess payments made on behalf of any Covered Person. Any amounts recovered by Us shall be used to pay the expenses of collection and reimburse Us for any amount that We may have paid or become liable to pay to you under the terms of this Treaty. All amounts thus remaining shall be paid to you. 10