13. GENERAL PROVISIONS AGENCY Can the Policyholder, Employer, or third party administrator act as our agent? For all purposes of the Policy, the Policyholder, Employer or third party administrator acts on its own behalf or as your agent. Under no circumstances will the Policyholder, Employer or third party administrator be deemed our agent. ALTERATION Who can alter the Policy? The only persons with the authority to alter or modify the Policy or to waive any of its provisions are our president, actuary, secretary or one of our vice presidents and any such changes must be in Writing. ASSIGNMENT Can benefit payments be assigned? You cannot assign any interest in the Policy unless we agree in Writing to such an assignment. We have the right to determine the extent to which any assignment will be honored and the priority of such assignment. We do not assume any responsibility for the validity or sufficiency of any assignment. Any payments made under such assignment after consented to by us will discharge our liabilities under the Policy, to the extent of such payments. CLERICAL ERROR What happens when there is a clerical error in the administration of the Policy? Clerical errors in the administration of the Policy or delays in keeping records for the Policy whether by us, the Policyholder, or the Employer: · will not terminate insurance that would otherwise have been effective; and · will not continue insurance that would otherwise have ceased or should not have been in effect. If appropriate, a fair adjustment of premium will be made to correct the error, subject to the "Limit of Premium Refunds" section. This provision does not apply to benefit administration errors by the Policyholder or the Employer which result in an Employee: · not enrolling for insurance within required time limits; · failing to request increased amounts of insurance within required time limits. · failing to provide any required Evidence of Insurability; or · failing to exercise any available Insurance Continuation or Portability options. CONFORMITY WITH STATUTES What is the effect of Conformity with Statutes? If any provision of the Policy conflicts with any applicable law, the provision will be automatically amended to meet the minimum requirements of the law, except as otherwise pre-empted by federal law. DISCHARGE OF OUR RESPONSIBILITY What is the effect of payments under the Policy? Payment made under the terms of the Policy will, to the extent of such payment, release us from all further obligations under the Policy. We will not be obligated to see to the application of such payment. EXAMINATION What are our examination rights? We, at our expense, have the right to have any person whose Critical Illness is the basis of a claim: 16-SD-C-01 Page37
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