Common use of Territory and Licensure Clause in Contracts

Territory and Licensure. 6.1 Solicitor Firm is authorized to do business, under the conditions of this Agreement, within the SHP service area, as further described in Section 6.2 of this Agreement. Solicitor Firm represents and warrants that it is licensed to solicit health insurance applications in these territories and that it will maintain licenses, in good standing, during the term of this Agreement, at Solicitor Firm’s own expense, and that it will assure that each of its principle persons, employees and Agents will maintain all required licenses, in good standing. This Agreement does not assign exclusive territorial rights to the Solicitor Firm or its Agents. 6.2 Solicitor Firm shall not and shall assure that its Agents shall not market, solicit or sell any SHP health care coverage product outside of the SHP service area approved by the DMHC. SHP may update the SHP service area from time to time to reflect additional DMHC service area approvals by providing written notice to Solicitor Firm without need for an amendment to this Agreement. For purposes of this Section, written notice by SHP shall include SHP’s updating of its service area listing available to Solicitor Firm at the SHP website xxx.xxxxxxxxxxxxxxxx.xxx, without the necessity of additional notice under Section 22. Solicitor Firm shall affirmatively check the SHP website to confirm Solicitor Firm is aware of any changes to the SHP service area listing, and shall rely on the most recent update to such website in performing Services hereunder and Solicitor Firm shall communicate updates to its Agents. 6.3 For purposes of this Agreement (including its exhibits), an SHP “health care coverage product” shall mean only a product described in the product listing available to Solicitor Firm in accordance with Section 2.6 of this Agreement. 6.4 Solicitor Firm represents that it is now actively engaged in the insurance business, and that Solicitor Firm and its Agents are familiar with and knowledgeable regarding the regulatory requirements applicable to its business. Solicitor Firm and its Agents shall take no action contrary to any regulatory requirement that might directly or indirectly subject SHP to adverse regulatory action or expense. 6.5 Solicitor Firm shall be responsible for securing and keeping in effect any required licenses as described in Section 6.1 above. This shall include complying with any applicable continuing education requirements. 6.6 Solicitor Firm shall forward copies of all required licenses to SHP prior to appointment. 6.7 Solicitor Firm may not require a resident agent licensed in one state to countersign or process in any manner an application, policy, contract or any other form of insurance on behalf of a nonresident agent or broker not licensed in that state. 6.8 Solicitor Firm certifies that it shall determine that each of its principle persons, employees and Agents providing services pursuant to this Agreement are properly licensed to do so in California. Prior to execution of this agreement Solicitor Firm shall forward to SHP a list of all Agents that Solicitor Firm proposes to authorize to provide services pursuant to this Agreement and, for each, Solicitor Firm will include copies of all required licenses. Following execution of this Agreement, prior to authorizing any new proposed Agents to provide services pursuant to this Agreement, Solicitor Firm shall notify SHP and shall provide copies of applicable licenses. SHP shall notify Solicitor Firm regarding any proposed Agents that shall be excluded from providing services pursuant to this Agreement, and Solicitor Firm shall assure that any such excluded Agents shall be prohibited from providing services pursuant to this Agreement