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d. �istinguish s�rvices that are relafed and not
<br />related to the work injury. 5FM Risk will
<br />generate expianatory letters to service
<br />providers outlining the reasons for
<br />nanpayment or reduced payment for each
<br />bilfing.
<br />5ectian li:. Terms & Conditians
<br />1. Excluded Expenses. SFM Risk may incur claims
<br />administration expenses on behalf of the Employer,
<br />including; wifhout limitation, independent medical
<br />examinations, loss control reports, medical records,
<br />outside legal counsel, court reparter serviceslreparts,
<br />filing fees, sur�eillance, police r�ports, outside
<br />investigative services, commercial photographs, and
<br />other serviceslreports. SFM Risk is not liable for
<br />penalties ar fees incurred because of acts or
<br />omissions by the Employer in violation oP law or this
<br />Agreement. The Employer wilf be salely responsible
<br />far such penalties an.d/or fees. Assessments,
<br />including Special Compensation Fund assessments,
<br />are payable by the Employer, except that S�M Risk
<br />wilf fil:e any necessary reports with state authorities
<br />regarding such assessments. Costs or expenses. for
<br />any special reinsurance, aggregate reinsurance, or
<br />surety bond requested by the Employer wiEf be the
<br />exclusive responsibflity of the Empl.oyer.
<br />2. Employer's Liabilif� Exclusion. This Agreement does
<br />not include administration of any cfaims against the
<br />Employer for other thar� regular workers'
<br />compensation benefits. Any such dairns are the
<br />exclusive respansfbility of the Employ�r, including
<br />claims asserted pursuant to Minn. Stat. sec. 176.82,
<br />and all claims normally within the scope of tfte
<br />�mplayer's ar "Caverage 8" iiabiGly section of a
<br />workers' compensation insurancs palicy.
<br />3. Data and Records. SFfN Risk will pro�ide data
<br />pracessing and staiistical recordkeeping setvices as
<br />warranted to fulfilf its obligations under this
<br />AgreemenC. SFM Risk wiEl record and +naintain
<br />information esse�tiaf ta cla.ims handling, f'rnancial
<br />transac#ions, and other obligatrons. SFM Risk will
<br />nof destroy clai.m records without the appraval of the
<br />Employer, although SFM Risk may retain records in
<br />retrie�able ima.ges rather than in paper farm.
<br />Records wil.l be retained for time periods as are
<br />custorr�ary in the insurance industry, All records and
<br />maierials cancerni.n:g particular claims against the
<br />Employer will be kept confidential by SFM Rislc for
<br />use a�ly by the Employer, SFM R'tsk or their agents,
<br />except as otherwise required by law.
<br />4. Com.pensation. Employer shall pay SFM Risk
<br />campensation for services rendered, as dESCribed. in
<br />5ection V. Employer agrees to report all Medical
<br />Page ?
<br />Only and �ost Time Claims to SFM Risk. Fees will
<br />be invaiced monthly, and are due w'rthin thirty (30)
<br />days after the date of invoice. The Employer agrees
<br />to pay: (a) reasonable attorney fees and casts
<br />inc�rred by SFM Risk to �nfarce the provisions of
<br />this Agreement or to colfect delinquent fees o�
<br />expenses, and {b) interest on such fees and
<br />expenses which will accrue frorn and after the due
<br />date at the rate of eightee� percent (18%} per
<br />annum.
<br />5. Termination or Modification of Ac�reement. SFM Fiisk
<br />or the Employer may, at any time, with or without
<br />cause, terminate this Agreement by pro�iding at feast
<br />ninety (90) days' prior written i�otice to the other
<br />party. Upon termination of the Agreement, SFM Risk
<br />will have no further obligation to administer claims af
<br />the Employer or to pro�ide any ather services with
<br />respect to such claims, regardless of when incurred
<br />or reparted. SFM Risk will, upon the Employer's
<br />request, ar�d upon SFM Risk's receipt of an agreed
<br />upon administra€ion fee, deliver claim records to the
<br />Emplayer, in an electronic (ormat, which are
<br />essential to the ongoing administration of claims.
<br />This Agreement may not be modified, altered, or
<br />amended except by a written agreement signed by
<br />both parties:
<br />6. Indemni#ication. Employer wiEl indemnify 5FM Risk
<br />and haid SFM Risk harmless fram any and all claims,
<br />liabilities and expenses, including reasonable
<br />atforney fees a�d defense casts, asserted or
<br />incurred in connectian with, or resulting from any
<br />claim, action, praceeding, or any related appeal
<br />arising out S�M Risk's performance, sa long as SFM
<br />Risk has ac#ed in good faiih and has not engaged in
<br />wilfful misconduct in the perfarmance of its duties or
<br />obligations under the Agreement.
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<br />The 1Nork Comp Experts
<br />Ri5k So[utipns
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