Common use of DUTIES AND LIMITATIONS OF AUTHORITY OF THE CONTRACTOR Clause in Contracts

DUTIES AND LIMITATIONS OF AUTHORITY OF THE CONTRACTOR. A. Jurisdiction and Products: Group Market: Contractor is authorized by Insurer to solicit applications in the jurisdictions approved by Insurer for Group Contracts, to forward them to Insurer for acceptance or rejection, and to collect the initial Premium due on an application. The determination of whether an application is accepted; whether a Group Contract shall actually be issued; or the type of Group Contract to be issued shall be solely within the discretion of Insurer. B. Insurer may prescribe Rules as it may deem reasonable and necessary. Insurer may alter or amend such Rules from time to time. Contractor agrees to observe, conform to and act in accordance with such Rules. C. Contractor shall have no authority to bind the Insurer on any application for, or policy and/or contract of, insurance, or bind the Insurer by any agreement, contract, representation or promise made. D. Contractor agrees that Insurer will be held harmless for any liability that results from misrepresentation or any other error or omission by Contractor or Contractor's Producing Agents. E. Contractor shall be responsible to Insurer for the fidelity and honesty of its Producing Agents. Contractor shall be responsible for all Insurer premium collected by Producing Agent for Insurer business entrusted to Contractor's Producing Agents. F. Contractor shall have no authority to extend time of payment of Premium, to waive or extend any obligation or condition of any Group Contract issued by Insurer or to incur any liability on behalf of Insurer. X. Xxxxxxx this Agreement nor the authority conferred hereunder is transferable or assignable by Contractor unless Insurer has provided prior written consent thereto to Contractor. Transfer or assignment of Broker/Agent Fee, or Bonus, is prohibited unless Insurer has provided prior written consent thereto to Contractor. Insurer may assign this Agreement to any affiliate, subsidiary or successor in interest without the consent of Contractor. H. Contractor shall make no representations with respect to any product(s) or forms of health care coverage which may be applicable to any program(s) administered and marketed by or through Insurer except as may be contained in the written material prepared and furnished to Contractor by or through Insurer. Contractor shall make no oral or written representations, alterations, modifications or waiver of the terms or conditions applicable to that product or coverage without the express prior written consent of Insurer. I. Contractor agrees to fulfill the performance criteria as specified by Insurer including as specified by Insurer Rules. These criteria are subject to review and modification by Insurer and may be amended by Insurer by giving reasonable notice to Contractor. Contractor's failure to fulfill Rules or the performance criteria may, at Insurer's discretion, constitute cause for termination of this Agreement. J. Contractor warrants and represents that it is and shall remain in compliance with any and all federal, state and local laws including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the U.S. Patriot Act, and the Employee Retirement Income Security Act (ERISA). Further, Contractor agrees that it shall comply with any reasonable requests made by Insurer to assure continued compliance in the future with any such laws.

Appears in 2 contracts

Samples: Broker/Agent Agreement, Broker/Agent Agreement

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DUTIES AND LIMITATIONS OF AUTHORITY OF THE CONTRACTOR. A. Jurisdiction and Products: Producers: 1. Group Market: Contractor is authorized by Insurer to solicit applications in the jurisdictions approved by Insurer for Group Contracts, to forward them to Insurer for acceptance or rejection, and to collect the initial Premium due on an application. The determination of whether an application is accepted; whether a Group Contract shall actually be issued; or the type of Group Contract to be issued shall be solely within the discretion of Insurer. B. 2. Insurer may prescribe Rules rules as it may deem reasonable and necessary. Insurer may alter or amend such Rules rules from time to time. Contractor agrees to observe, conform confirm to and act in accordance with such Rulesrules. These rules are contained in Broker/Agent Administrative Manual. C. 3. Contractor shall have no authority to bind the Insurer on any application for, or policy and/or contract of, insurance, or bind the Insurer by any agreement, contract, representation or promise made. D. 4. Contractor agrees that Insurer will be held harmless for any liability that results from misrepresentation or any other error or omission by Contractor Contractors or Contractor's ’s Producing Agents. E. 5. Contractor shall be responsible to Insurer for the fidelity and honesty of its Producing Agents. Contractor shall be responsible for all Insurer premium collected by Producing Agent for Insurer business entrusted to Contractor's ’s Producing Agents. F. 6. Contractor shall have no authority to extend time of payment of Premiumpremium, to waive or extend any obligation or condition of any Group Contract issued by Insurer or to incur any liability on behalf of Insurer. X. Xxxxxxx 7. Neither this Agreement nor the authority conferred hereunder is transferable or assignable by Contractor unless Insurer has provided prior written consent thereto to Contractor. Transfer or assignment of Broker/Agent Fee, or Bonus, is prohibited unless Insurer has provided prior written consent thereto to Contractor. Insurer may assign this Agreement to any affiliate, subsidiary or successor in interest without the consent of Contractor. H. 8. Contractor shall make no representations with respect to any product(s) or forms of health care coverage which may be applicable to any program(s) administered and marketed by or through Insurer except as may be contained in the written material prepared and furnished to Contractor by or through Insurer. Contractor shall make no oral or written representations, alterations, modifications or waiver of the terms or conditions applicable to that product or coverage without the express prior written consent of Insurer. I. 9. Contractor agrees to fulfill the performance criteria as specified by Insurer including as specified by Insurer Rules. These criteria are subject to review and modification by Insurer and may be amended by Insurer by giving reasonable notice to Contractor. Contractor's ’s failure to fulfill Rules or the performance criteria may, at Insurer's ’s discretion, constitute cause for termination of this Agreement. J. 10. Contractor warrants and represents that it is and shall remain in compliance with any and all federalFederal, state State and local laws including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the . The U.S. Patriot Act, and the Employee Retirement Income Security Act (ERISA). .) Further, Contractor agrees that it shall comply with any reasonable requests made by Insurer to assure continued compliance in the future with any such laws.

Appears in 2 contracts

Samples: Broker/Agent Agreement, Broker/Agent Agreement

DUTIES AND LIMITATIONS OF AUTHORITY OF THE CONTRACTOR. A. Jurisdiction and Products: Producers: 1. Group Market: Contractor is authorized by Insurer to solicit applications in the jurisdictions approved by Insurer for Group Contracts, to forward them to Insurer for acceptance or rejection, and to collect the initial Premium due on an application. The determination of whether an application is accepted; whether a Group Contract shall actually be issued; or the type of Group Contract to be issued shall be solely within the discretion of Insurer. B. 2. Insurer may prescribe Rules rules as it may deem reasonable and necessary. Insurer may alter or amend such Rules rules from time to time. Contractor agrees to observe, conform confirm to and act in accordance with such Rulesrules. C. 3. Contractor shall have no authority to bind the Insurer on any application for, or policy and/or contract of, insurance, or bind the Insurer by any agreement, contract, representation or promise made. D. 4. Contractor agrees that Insurer will be held harmless for any liability that results from misrepresentation or any other error or omission by Contractor Contractors or Contractor's ’s Producing Agents. E. 5. Contractor shall be responsible to Insurer for the fidelity and honesty of its Producing Agents. Contractor shall be responsible for all Insurer premium collected by Producing Agent for Insurer business entrusted to Contractor's ’s Producing Agents. F. 6. Contractor shall have no authority to extend time of payment of Premiumpremium, to waive or extend any obligation or condition of any Group Contract issued by Insurer or to incur any liability on behalf of Insurer. X. Xxxxxxx 7. Neither this Agreement nor the authority conferred hereunder is transferable or assignable by Contractor unless Insurer has provided prior written consent thereto to Contractor. Transfer or assignment of Broker/Agent Fee, or Bonus, is prohibited unless Insurer has provided prior written consent thereto to Contractor. Insurer may assign this Agreement to any affiliate, subsidiary or successor in interest without the consent of Contractor. H. 8. Contractor shall make no representations with respect to any product(s) or forms of health care coverage which may be applicable to any program(s) administered and marketed by or through Insurer except as may be contained in the written material prepared and furnished to Contractor by or through Insurer. Contractor shall make no oral or written representations, alterations, modifications or waiver of the terms or conditions applicable to that product or coverage without the express prior written consent of Insurer. I. 9. Contractor agrees to fulfill the performance criteria as specified by Insurer including as specified by Insurer Rules. These criteria are subject to review and modification by Insurer and may be amended by Insurer by giving reasonable notice to Contractor. Contractor's ’s failure to fulfill Rules or the performance criteria may, at Insurer's ’s discretion, constitute cause for termination of this Agreement. J. 10. Contractor warrants and represents that it is and shall remain in compliance with any and all federalFederal, state State and local laws including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the . The U.S. Patriot Act, and the Employee Retirement Income Security Act (ERISA). .) Further, Contractor agrees that it shall comply with any reasonable requests made by Insurer to assure continued compliance in the future with any such laws.

Appears in 1 contract

Samples: Broker/Agent Agreement

DUTIES AND LIMITATIONS OF AUTHORITY OF THE CONTRACTOR. A. Jurisdiction and Products: Group Market: Contractor is authorized by Insurer INSURER to solicit applications in the jurisdictions approved by Insurer INSURER for Group Contracts, to forward them to Insurer INSURER for acceptance or rejection, and to collect the initial Premium due on an application. The determination of whether an application is accepted; whether a Group Contract shall actually be issued; or the type of Group Contract to be issued shall be solely within the discretion of InsurerINSURER. B. Insurer INSURER may prescribe Rules as it may deem reasonable and necessary. Insurer INSURER may alter or amend such Rules from time to time. Contractor agrees to observe, conform to and act in accordance with such Rules. C. Contractor shall have no authority to bind the Insurer INSURER on any application for, or policy and/or contract of, insurance, or bind the Insurer INSURER by any agreement, contract, representation or promise made. D. Contractor agrees that Insurer INSURER will be held harmless for any liability that results from misrepresentation or any other error or omission by Contractor or Contractor's Producing Agents. E. Contractor shall be responsible to Insurer INSURER for the fidelity and honesty of its Producing Agents. Contractor shall be responsible for all Insurer INSURER premium collected by Producing Agent for Insurer INSURER business entrusted to Contractor's Producing Agents. F. Contractor shall have no authority to extend time of payment of Premium, to waive or extend any obligation or condition of any Group Contract issued by Insurer INSURER or to incur any liability on behalf of InsurerINSURER. X. Xxxxxxx G. Neither this Agreement nor the authority conferred hereunder is transferable or assignable by Contractor unless Insurer INSURER has provided prior written consent thereto to Contractor. Transfer or assignment of Broker/Agent Fee, or Bonus, is prohibited unless Insurer INSURER has provided prior written consent thereto to Contractor. Insurer INSURER may assign this Agreement to any affiliate, subsidiary or successor in interest without the consent of Contractor. H. Contractor shall make no representations with respect to any product(s) or forms of health care coverage which may be applicable to any program(s) administered and marketed by or through Insurer INSURER except as may be contained in the written material prepared and furnished to Contractor by or through InsurerINSURER. Contractor shall make no oral or written representations, alterations, modifications or waiver of the terms or conditions applicable to that product or coverage without the express prior written consent of InsurerINSURER. I. Contractor agrees to fulfill the performance criteria as specified by Insurer INSURER including as specified by Insurer INSURER Rules. These criteria are subject to review and modification by Insurer INSURER and may be amended by Insurer INSURER by giving reasonable notice to Contractor. Contractor's failure to fulfill Rules or the performance criteria may, at InsurerINSURER's discretion, constitute cause for termination of this Agreement. J. Contractor warrants and represents that it is and shall remain in compliance with any and all federal, state and local laws including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the U.S. Patriot Act, and the Employee Retirement Income Security Act (ERISA). Further, Contractor agrees that it shall comply with any reasonable requests made by Insurer INSURER to assure continued compliance in the future with any such laws.

Appears in 1 contract

Samples: Broker/Agent Agreement

DUTIES AND LIMITATIONS OF AUTHORITY OF THE CONTRACTOR. A. Jurisdiction and Products: Group Market: THIS SECTION IS LIMITED TO BUSINESS THAT IS NOT ON A STATE OR FEDERALLY FACILITATED EXCHANGE (“OFF-EXCHANGE BUSINESS”). 1. Contractor is authorized by Insurer to solicit applications in the jurisdictions approved by Insurer for Group Contracts, to forward them to Insurer for acceptance or rejection, and to collect the initial Premium due on an application. The determination of whether an application is accepted; whether a Group Contract shall actually be issued; or the type of Group Contract to be issued shall be solely within the discretion of Insurer. B. 2. Insurer may prescribe Rules rules as it may deem reasonable and necessary. Insurer may alter or amend such Rules rules from time to timetime subject to the rules of the Exchange. Contractor agrees to observe, conform to and act in accordance with such Rulesrules. These rules are contained in Broker/Agent Administrative Manual. C. 3. Contractor shall have no authority to bind the Insurer on any application for, or policy and/or contract of, insurance, or bind the Insurer by any agreement, contract, representation or promise made. D. 4. Contractor agrees that Insurer will be held harmless for any liability that results from misrepresentation or any other error or omission by Contractor or Contractor's ’s Producing Agents. E. 5. Contractor shall be responsible to Insurer for the fidelity and honesty of its Producing Agents. Contractor shall be responsible for all Insurer premium collected by Producing Agent for Insurer business entrusted to Contractor's its Producing Agents. F. 6. Contractor shall have no authority to extend time of payment of Premiumpremium, to waive or extend any obligation or condition of any Group Contract issued by Insurer or to incur any liability on behalf of Insurer. X. Xxxxxxx this Agreement nor the authority conferred hereunder is transferable or assignable by Contractor unless Insurer has provided prior written consent thereto to Contractor7. Transfer or assignment of Broker/Agent Fee, or Bonus, is prohibited unless Insurer has provided prior written consent thereto to Contractor. Insurer may assign this Agreement to any affiliate, subsidiary or successor in interest without the consent of Contractor. H. Contractor shall make no representations with respect to any product(s) or forms of health care coverage which may be applicable to any program(s) administered and marketed by or through Insurer except as may be contained in the written material prepared and furnished to Contractor by or through Insurer. Contractor shall make no oral or written representations, alterations, modifications or waiver of the terms or conditions applicable to that product or coverage without the express prior written consent of Insurer. I. 8. Contractor agrees to fulfill the performance criteria as specified by Insurer including as specified by Insurer Rules. These criteria are subject to review and modification by Insurer and may be amended by Insurer by giving reasonable notice to Contractor. Contractor's ’s failure to fulfill Rules rules or the performance criteria as set by Insurer may, at Insurer's ’s discretion, constitute cause for termination of this Agreement. J. B. THIS SECTION APPLIES TO BUSINESS THAT IS SOLD ON A STATE OR FEDERALLY FACILITATED EXCHANGE (“ON-EXCHANGE BUSINESS”). 1. Contractor warrants and represents that it is and shall remain in compliance with any and all federal, state and local laws including but not limited authorized by Insurer to solicit applications for State or Federally Facilitated Exchanges. 2. Subject to the Health Insurance Portability and Accountability Act (HIPAA)requirements of the Exchange, the U.S. Patriot ActInsurer may prescribe rules as it may deem reasonable and necessary and may alter or amend such rules from time to time Contractor agrees to observe, conform to and act in accordance with such rules. These rules are contained in Broker/Agent Administrative Manual. 3. Contractor shall have no authority to bind the Employee Retirement Income Security Act (ERISA)Insurer on any application for, or policy and/or contract of, insurance, or bind the Insurer by any agreement, contract, representation or promise made other than pursuant to the requirements of State and Federal law relating to the Exchange. 4. Further, Contractor agrees that it Insurer will be held harmless for any liability that results from misrepresentation or any other error or omission by Contractor or Contractor’s Producing Agents. 5. Contractor shall comply with have no authority to extend time of payment of premium, to waive or extend any reasonable requests made obligation or condition of any Group Contract issued by Insurer or to assure continued compliance incur any liability on behalf of Insurer. 6. Contractor agrees to fulfill the performance criteria as specified by Insurer and the Exchange. These criteria are subject to review and modification by Insurer and may be amended by Insurer by giving reasonable notice to Contractor. Contractor’s failure to fulfill Insurer’s Rules or the performance criteria may, at constitute cause for termination of this Agreement subject to the rules of the Exchange. 7. Contractor shall make no representations with respect to any product(s) or forms of health care coverage which may be applicable to any program(s) administered and marketed by or through Insurer except as may be contained in the future with any such lawswritten material prepared and furnished to Contractor by or through Insurer. Contractor shall make no oral or written representations, alterations, modifications or waiver of the terms or conditions applicable to that product or coverage without the express prior written consent of Insurer.

Appears in 1 contract

Samples: Broker/Agent Agreement

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DUTIES AND LIMITATIONS OF AUTHORITY OF THE CONTRACTOR. A. Jurisdiction X. Xxxxxxxxxxxx and Products: Producers: 1. Group Market: Contractor is authorized by Insurer to solicit applications in the jurisdictions approved by Insurer for Group Contracts, to forward them to Insurer for acceptance or rejection, and to collect the initial Premium due on an application. The determination of whether an application is accepted; whether a Group Contract shall actually be issued; or the type of Group Contract to be issued shall be solely within the discretion of Insurer. B. 2. Insurer may prescribe Rules rules as it may deem reasonable and necessary. Insurer may alter or amend such Rules rules from time to time. Contractor agrees to observe, conform confirm to and act in accordance with such Rulesrules. These rules are contained in Broker/Agent Administrative Manual. C. 3. Contractor shall have no authority to bind the Insurer on any application for, or policy and/or contract of, insurance, or bind the Insurer by any agreement, contract, representation or promise made. D. 4. Contractor agrees that Insurer will be held harmless for any liability that results from misrepresentation or any other error or omission by Contractor Contractors or Contractor's ’s Producing Agents. E. 5. Contractor shall be responsible to Insurer for the fidelity and honesty of its Producing Agents. Contractor shall be responsible for all Insurer premium collected by Producing Agent for Insurer business entrusted to Contractor's ’s Producing Agents. F. 6. Contractor shall have no authority to extend time of payment of Premiumpremium, to waive or extend any obligation or condition of any Group Contract issued by Insurer or to incur any liability on behalf of Insurer. X. Xxxxxxx 7. Neither this Agreement nor the authority conferred hereunder is transferable or assignable by Contractor unless Insurer has provided prior written consent thereto to Contractor. Transfer or assignment of Broker/Agent Fee, or Bonus, is prohibited unless Insurer has provided prior written consent thereto to Contractor. Insurer may assign this Agreement to any affiliate, subsidiary or successor in interest without the consent of Contractor. H. 8. Contractor shall make no representations with respect to any product(s) or forms of health care coverage which may be applicable to any program(s) administered and marketed by or through Insurer except as may be contained in the written material prepared and furnished to Contractor by or through Insurer. Contractor shall make no oral or written representations, alterations, modifications or waiver of the terms or conditions applicable to that product or coverage without the express prior written consent of Insurer. I. 9. Contractor agrees to fulfill the performance criteria as specified by Insurer including as specified by Insurer Rules. These criteria are subject to review and modification by Insurer and may be amended by Insurer by giving reasonable notice to Contractor. Contractor's ’s failure to fulfill Rules or the performance criteria may, at Insurer's ’s discretion, constitute cause for termination of this Agreement. J. 10. Contractor warrants and represents that it is and shall remain in compliance with any and all federalFederal, state State and local laws including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the . The U.S. Patriot Act, and the Employee Retirement Income Security Act (ERISA). .) Further, Contractor agrees that it shall comply with any reasonable requests made by Insurer to assure continued compliance in the future with any such laws.

Appears in 1 contract

Samples: Broker/Agent Agreement

DUTIES AND LIMITATIONS OF AUTHORITY OF THE CONTRACTOR. A. Jurisdiction and Products: Group Producers: 1. Individual Market: Contractor is authorized by Insurer to solicit applications in the jurisdictions approved by Insurer and for Group the products listed on page 26 of the Broker Administrative Manual titled “Consumer Direct Market Schedule of Fees & Bonuses and Request for Statutory Appointment” for Individual Market Benefit Contracts, to forward them to Insurer for acceptance or rejection. For authorized Products, and Contractor is authorized to collect the initial Premium due on an application. The determination of whether an application is accepted; whether a Group Benefit Contract shall actually be issued; or the type of Group Benefit Contract to be issued shall be solely within the discretion of Insurer. B. 2. Insurer may prescribe Rules rules as it may deem reasonable and necessary. Insurer may alter or amend such Rules rules from time to time. Contractor agrees to observe, conform confirm to and act in accordance with such Rulesrules. C. 3. Contractor shall have no authority to bind the Insurer on any application for, or policy and/or contract of, insurance, or bind the Insurer by any agreement, contract, representation or promise made. D. 4. Contractor agrees that Insurer will be held harmless for any liability that results from misrepresentation or any other error or omission by Contractor Contractors or Contractor's ’s Producing Agents. E. 5. Contractor shall be responsible to Insurer for the fidelity and honesty of its Producing Agents. Contractor shall be responsible for all Insurer premium collected by Producing Agent for Insurer business entrusted to Contractor's ’s Producing Agents. F. 6. Contractor shall have no authority to extend time of payment of Premiumpremium, to waive or extend any obligation or condition of any Group Individual Contract issued by Insurer or to incur any liability on behalf of Insurer. X. Xxxxxxx 7. Neither this Agreement nor the authority conferred hereunder is transferable or assignable by Contractor unless Insurer has provided prior written consent thereto to Contractor. Transfer or assignment of Broker/Agent Fee, or Bonus, is prohibited unless Insurer has provided prior written consent thereto to Contractor. Insurer may assign this Agreement to any affiliate, subsidiary or successor in interest without the consent of Contractor. H. 8. Contractor shall make no representations with respect to any product(s) or forms of health care coverage which may be applicable to any program(s) administered and marketed by or through Insurer except as may be contained in the written material prepared and furnished to Contractor by or through Insurer. Contractor shall make no oral or written representations, alterations, modifications or waiver of the terms or conditions applicable to that product or coverage without the express prior written consent of Insurer. I. 9. Contractor agrees to fulfill the performance criteria as specified by Insurer including as specified by Insurer RulesRules as stated in Broker/Agent Administrative Manual. These criteria are subject to review and modification by Insurer and may be amended by Insurer by giving reasonable notice to Contractor. Contractor's ’s failure to fulfill Rules or the performance criteria may, at Insurer's ’s discretion, constitute cause for termination of this Agreement. J. 10. Contractor warrants and represents that it is and shall remain in compliance with any and all federalFederal, state State and local laws including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the . The U.S. Patriot Act, and the Employee Retirement Income Security Act (ERISA). .) Further, Contractor agrees that it shall comply with any reasonable requests made by Insurer to assure continued compliance in the future with any such laws.

Appears in 1 contract

Samples: Broker/Agent Agreement

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