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ARTICLE III — DUTIES OF CLIENT A. Client shall be solely responsible for determining the eligibility of its employees and their dependents to participate and receive benefits under the Plan. B. Administrator has established and shall maintain a website located at www.rxbenefits.com (the "Website") through which Client shall have the ability to access, revise and update the eligibility and enrollment information of Client's Members. Client agrees that it shall be solely responsible for effecting timely revisions and updates to the enrollment information through the Website (or, in the alternative, through a secure file transfer protocol (ftp) site or via secure electronic data file in a format acceptable to Administrator delivered to Administrator via electronic mail) and shall be responsible for the accuracy of the enrollment information and any and all revisions and updates to the enrollment information. Upon becoming aware of errors in the enrollment information, Client shall promptly correct the information as necessary through the Website or via other acceptable alternative means provided for above in this Article IH.B. Administrator shall not be responsible for Prescription Drug Claims payments made to Members or ineligible and former employees of Client who are no longer or, if applicable, should never have been Members, based on information that is or was inaccurate, was not updated or not updated on a timely basis, or otherwise revised as required by Client or this Agreement. Administrator agrees that revisions and updates to the enrollment or other applicable Member or Prescription Drug Claim information made as described above will be considered for purposes of this Agreement revised and updated within 48 hours of receipt by Administrator of written notice from Client of such revision or update. For emergency revisions and updates that need to be effective on the same day and not the next business day, Client must call in or fax such revisions and updates to Administrator during Administrator's normal business hours and follow up with Administrator as appropriate to ensure such revisions and updates become effective on the same day to the extent reasonably possible. In addition, to the extent such emergency revisions are communicated by Client to Administrator orally (e.g., via telephone), Client agrees (and it shall be Client's sole responsibility) to provide Administrator with a written description in reasonable detail setting forth the emergency revisions and/or updates within 48 hours after such emergency revisions/updates were orally communicated by Client to Administrator. C. Administrator will provide unique alphanumeric passwords ("Passwords") to Client that will permit Client to access, revise, and update the enrollment information on the Website. Client will distribute the Passwords to the individuals named on the list of authorized users (the "Users"), which is included in Section A of the Client Application. Client is responsible for all uses of the Passwords, whether or not authorized by Client. Client is responsible for maintaining the confidentiality of the Passwords and ensuring that the Users maintain such confidentiality also. Client agrees to immediately notify Administrator of any unauthorized use of the Passwords of which Client becomes aware or has a reasonable basis to believe. To amend the list of Users, Client must notify Administrator in writing of such amendment(s). Within one (1) business day after the business day on which Administrator receives such amendment(s) in writing from Client, Administrator will deactivate the Password(s) issued to any deleted User(s) and will activate and issue new Password(s) for any new User(s) identified by Client. Although the Website is password protected, Administrator cannot and does not guarantee (and expressly disclaims -and all such liability herein) that Client's enrollment information will not be subject to unauthorized access by third parties, and Client hereby, knowingly and voluntarily, releases, discharges and holds harmless Administrator and its directors, officers, employees, agents and other representatives (collectively, "Representatives") from and against all Losses resulting from, arising out of or relating to any unauthorized access or otherwise, except where such Losses result solely from the willful or intentional act or misconduct of Administrator. The foregoing release and discharge provided for in the immediately preceding sentence shall apply to any enrollment information of Client and/or its Members regardless of the medium or means in which it is stored, maintained, updated, revised or exchanged (i.e., whether on the Website, through a file transfer protocol (ftp) site, via electronic data file or otherwise). In addition, notwithstanding anything in this Agreement to the contrary, Administrator shall not (and Client acknowledges and understands that Administrator) shall not be liable or otherwise held responsible for fraudulent Prescription Drug Claims submitted by any Member, other third party acting or purporting to act on any Member's behalf or any unauthorized party using any Member's prescription drug card, information or otherwise. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 6