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4. CLARITY RESPONSIBILITIES <br />4.1 Provide Plan Information. Clarity will provide general information concerning plan benefits and <br />reimbursements to Client and/or plan participants as needed including via telephone, email, or internet/website. <br />4.2 Claims Processing. Upon receipt of a claim for benefits along with supporting documentation, <br />Clarity will process the claim to verify the eligibility of the claim for reimbursement under the plan. <br />4.3 Obtaininq Participants' Information. Clarity may correspond directly with a participant should <br />additional information be necessary in order to establish eligibility for reimbursement of a claim under the plan. <br />4.4 Payments of Claims. Once a claim is verified and approved by Clarity, Clarity will, to the extent <br />that funds for claims have been made available to it by the Client in accordance with Article 5 of this <br />Agreement, direct payment to the participant in accordance with the applicable plan provisions. <br />4.5 Processing of Participant Data. Clarity will process updated participant data from Client in relation <br />to enrollment, deposits and certain demographic information. <br />4.6 Reports on Plan Activity. Clarity will provide Client with periodic reports reflecting plan activity. <br />4.7 Process Testing Data. Where necessary, and utilizing information as provided by Client, Clarity <br />will process plan non-discrimination testing data. <br />4.8 Enrollment/Re-Enrollment Materials. When requested by Client, Clarity will provide Plan <br />enrollment/re-enrollment materials as offered by Clarity. Final approval and distribution of Plan enrollment <br />materials are the responsibility of Client. <br />5. ACCOUNT FUNDING OPTIONS <br />Client shall be solely responsible for funding the plan benefits under one of the following options: <br />5.1 Sponsored Subaccount. Clarity will create a Sponsor Subaccount into which the Client will deposit <br />funds and which will be used to reimburse plan participants for eligible claims, debit card transactions and <br />Clarity service fees and expenses. Client agrees to ACH funds to Clarity, If client elects to wire funds there is <br />a $25 fee per wire; or <br />5.2 Access to Designated Client Account. Client agrees to grant Clarity limited access to, and use of, <br />a bank account designated by the Client to disburse funds related to plan benefits, service fees and expenses. <br />5.3 Electronic Funds Transfers. In regard to electronic funds transfers, Client shall comply with and be <br />subject to the Operating Rules of the National Automating Clearing House (NACHA) governing these methods <br />of payment, as such rules shall, from time to time, be in effect among banks that participate in NACHA. Client <br />also acknowledges that, in order to implement the Services which include ACH transactions, Client will be the <br />Originator of the ACH transactions and will follow and be bound by the rules for ACH Originators as adopted <br />From time to time by the NACHA. Client agrees that it has assumed the responsibilities of an Originator under <br />the ACH Rules and acknowledges that entries may not be initiated in violation of the laws of the United States. <br />Client agrees to indemnify and hold Clarity harmless from any claim incident to the operation of this plan arising <br />from an act or omission of Client with respect to ACH transactions. <br />5.4 Sufficient Funding by Client. Client's designated bank account(s) will have sufficient funds to pay <br />Client's third party obligations (employee payments and other obligations) within the deadlines established by <br />Clarity in order to satisfy Client's third party obligations in their entirety. <br />5.5 Remedies for Insufficient Funding by Client. If Client fails to fully fund plan benefits or other <br />charges, includirg Clarity's fees, then Client agrees to pay Clarity for all costs of collection, including <br />reasonable attorney fees, which may be associated with collection of the amounts due. Clarity also may, at its <br />sole option, terminate this Agreement and withhold any work in progress. This is in addition to any other rights <br />860520 <br />11.2.2016 <br />44 <br />