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K. File Storage. Pursuant to RR 15400.2 of the California Code of Regulations, all <br />files closed for more than 5 (five) years shall be identified. Upon CLIENT direction ICS <br />shall return the file(s)to client, destroy file(s) or maintain file(s) at CLIENT expense with an <br />off-site storage facility. <br />L. Cooperation - In the event of early termination or non-renewal, both parties will <br />cooperate in good faith to implement a transition to a new service provider with minimum <br />disruption to the provision of benefits to workers. ICS will make available to CLIENT, and <br />to a new service provider, all files, summary data, records and information developed with <br />respect to this Agreement, including all loss records and a record layout describing the <br />format of the data tape. Such information shall be made available electronically whenever <br />possible. The CLIENT shall assume all responsibility for open claims as of the effective <br />date of termination. <br />M. Files - All claim files, records, reports and other documents pertaining to <br />employee claims are the property of the CLIENT and CLIENT may audit or inspect the files <br />at any time during normal business hours. ICS shall turn over possession of all files and <br />other documents to the CLIENT or its designee upon the effective date of termination or non- <br />renewal of this Agreement. The CLIENT shall allow ICS to review all files and other <br />documents with information relating to its performance pursuant to this Agreement. <br />N. Penalties and Fines. ICS and client agree to the following standards,protocols <br />and principals relating to the fines and penalties: <br />1. ICS and CLIENT hereto acknowledge the various penalties and <br />administrative fines that are contained in The California Workers' Compensation <br />Reform Act of 1989 (effective January 1, 1990 and January 1, 1991)that may be <br />imposed on both employers and claim administrators. <br />2. ICS will be responsible for any fines or penalties associated with <br />questionable or controverted claims that ICS denies without first consulting and <br />obtaining approval by the CLIENT for denial of the claim(s). ICS will not be <br />responsible for any fines or penalties levied by the Division of Workers' <br />Compensation or any other judicial or quasi-judicial organization for improper <br />denial of a claim(s) if, over the objections of ICS, ICS has denied said claim(s) at <br />the direction of the CLIENT. <br />3. The CLIENT shall be responsible for all penalties where ICS has not been <br />given sufficient notice such that ICS has had at least seven(7) working days in <br />which to investigate the claim and to pay temporary disability or send the required <br />wage continuation notice before the penalties were assessed. ICS shall be <br />responsible for all penalties in which it has had seven(7) or more working days in <br />which to investigate and pay temporary disability or send a wage continuation <br />notice. For the purposes of this section "working day" means all days except <br />Saturdays, Sundays and commonly observed holidays. <br />4. The services as described in this Agreement shall be performed in all <br />material respects in accordance with applicable laws, rules, regulations and <br />standards if governmental authorities including, in particular, applicable Workers' <br />11 ! Page <br />DocuSign Envelope ID: 177B557A-79FB-4E9E-B338-6359A5FCBAB8