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DocuSign Envelope ID:06CEAA47-F11 F-421A-B8CE-390F42C61208 <br /> other costs and expenses reasonably incurred and related to the investigation and defense of <br /> claims or the protection and collection of subrogation rights of the Customer; and other expenses <br /> that are not defined as losses and are directly related to and directly allocated to the handling of a <br /> particular claim for services that are required to be performed by statute or regulation.Unless <br /> expressly stated as a separate fee or otherwise included within Corvel's service fees,each of the <br /> above ALAE items is subject to reimbursement at the rate charged. <br /> (d) CorVel shall provide Customer with payment services through Check Writing services in accordance <br /> with specifications mutually agreed by Customer and CorVel. <br /> (i) The checks referred to in Section II (d) will be drawn on CorVel's account at Wells Fargo Bank, <br /> Portland, Oregon or CorVel's account at such other bank as the parties of this Agreement may <br /> mutually accept,as evidenced by a letter or written document signed by both parties(hereafter,the <br /> "Bank"), with Customer identified on each check as the insurer or any insurance carrier as such <br /> may be required. Check Writing services shall also include IRS form 1099 filing and associated <br /> follow-up,bank reconciliation,and bank fees specifically related to such processing if Customer is <br /> using CorVel's bank account. Otherwise,such services will be subject to an additional fee. <br /> (e) CorVel agrees to provide the following services to Customer relating to the processing and payment <br /> of claims: <br /> (i) to receive claims and process payment of benefits in accordance with applicable State(s) program <br /> guidelines required for the payment of workers' compensation claims; <br /> (ii) to correspond with the claimants, providers of services and vendors if additional information is <br /> deemed necessary to complete the processing of claims; <br /> (iii) to determine the amount of benefits payable; <br /> (iv) to provide notice to claimants as to the reason(s)for denial of benefits(when such are denied)and <br /> to provide for the review of such denied claims; <br /> (v) to receive and process for payment claims for benefits incurred prior to the Effective Date in <br /> consideration for the separate fees established in Exhibit B; and <br /> (vi) at Customer's request,to provide specified additional services for such fees as the parties mutually <br /> agree; <br /> (e) Subject to applicable law, all claims files, data, systems and records and associated documents and <br /> notices regarding the administration of claims and provision of services pursuant to this Agreement and <br /> the payment of claims and allocated loss adjustment expenses, may be audited, examined, and copied <br /> by Customer, its representatives, excess carriers, reinsurers or any state insurance department or other <br /> regulatory body that so requires, at Customer's expense, at any time or times during CorVel's normal <br /> business hours and with not less than thirty(30)days advance notice; and notwithstanding anything to <br /> the contrary contained in this Agreement. <br /> (f) CorVel is and shall remain an independent contractor with respect to the services being performed <br /> hereunder and shall not for any purpose be deemed an employee of Customer, nor shall CorVel and <br /> Customer be deemed partners,joint venturers or governed by any legal relationship other than that of <br /> independent contractor as set forth herein. CorVel does not assume any responsibility for the adequacy <br /> of the funding of benefits or any act or omission or breach of duty by Customer. <br /> (g) CorVel is not in any way to be deemed an insurer,underwriter or guarantor with respect to any benefits <br /> payable under Customer's workers' compensation program. <br /> (h) CorVel may rely on instructions received from such person or persons as Customer may from time to <br /> City of Everett,WA—CorVel EC Amendment 3 7-25-2022 <br />