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Section 16.8 Use of Name.The parties agree not to use each other's name,logo, service marks,trademarks or other <br /> identifying information without the written permission of the other; provided, however, Customer grants United <br /> permission to use Customer's name, logo, service marks, trademarks or other identifying information to the extent <br /> necessary for United to carry out its obligations under this Agreement(e.g.on SPDs and ID cards). <br /> Section 16.9 Producer Compensation.United pays brokers and agents(referred to collectively as"producers") <br /> compensation for their services in connection with the sale of United's third party administrative services,in <br /> compliance with applicable law.United pays"base commissions"based on factors such as the type of services sold, <br /> total amount of administrative fees,group size,and number of employees.These commissions are reflected in the <br /> administrative service rate.In addition,United may pay bonuses pursuant to bonus programs established from time <br /> to time which are designed to encourage the provision of information regarding new products and provide incentives <br /> to achieve production targets,persistency levels,growth goals and other objectives.Bonuses are not reflected in the <br /> administrative service fees but are paid from United's general administrative expenses.In general,United's total <br /> bonuses are less than 10%of total producer compensation paid but the percentage may be higher in certain <br /> situations.It is United's policy not to pay commissions to producers with respect to a product for which the <br /> customer is also paying the producer a commission or other fee.Please note United also makes payments from time <br /> to time to producers for services other than those relating to the sale of services(for example,compensation for <br /> services as a general agent or as a consultant).United has taken steps to ensure that producers.properly disclose their <br /> compensation arrangements to their customers,but United cannot guarantee the producer's compliance.For general <br /> information on United's producer payment arrangements,including the approximate percentage of total <br /> compensation that total bonus payments comprise,please go to http://www.uhc.com and search for"Producer <br /> Compensation"or click"legal"at the bottom of the screen and select the tab for"Overview of Producer <br /> Compensation''For specific information about the compensation payable with respect to Customer's particular <br /> situation,Customer should contact its producer. <br /> Section 16.10 Compliance with Laws. United shall at all times remain in compliance with all applicable local, <br /> state,and federal laws,rules,and regulations including but not limited to all anti-discrimination laws. Pursuant to <br /> the terms of North Carolina General Statute 153A449(b)no county may enter into a contract with a contractor <br /> unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of <br /> the North Carolina General Statutes. Where applicable,failure to maintain compliance with the requirements of <br /> Article 2 of Chapter 64 of the General Statutes constitutes United's breach of this Agreement. By executing this <br /> Agreement Provider affirms United is in compliance with Article 2 of Chapter 64 of the North Carolina General <br /> Statutes. <br /> Section 16.11 Non-Appropriation. United acknowledges that Costumer is a governmental entity,and the validity <br /> of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. <br /> In the event that public funds are unavailable and not appropriated for the performance of Customer's obligations <br /> under this Agreement,then this Agreement shall automatically expire without penalty to Customer immediately <br /> upon written notice to United of the unavailability and non-appropriation of public funds.It is expressly agreed that <br /> Customer shall not activate this non-appropriation provision for its convenience or to circumvent the requirements <br /> of this Agreement,but only as an emergency fiscal measure during a substantial fiscal crisis. <br /> In the event of a change in the Customer's statutory authority,mandate and/or mandated functions,by state and/or <br /> federal legislative or regulatory action,which adversely affects Customer's authority to continue its obligations <br /> under this Agreement,then this Agreement shall automatically terminate without penalty to Customer upon written <br /> notice to United of such limitation or change in Customer's legal authority. <br /> 15 <br />