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AxTCr=& tK — muw ESA Alm lllVAA <br />A. now i#'C1ws w%ft of *a P*wti ) iE►rogram provided for in this AgmWent constitutes <br />part *f*. l pJW Wlft ft ttftft aft *i) ttf 1118 iJSA, it is undq*W and agreed that <br />the duties of Clint and A.tlttyWeltakiwe as l ows: <br />C. <br />I . Plan and Summary Description: NSWI be the dutyt (and not the duW0.9l lk11i4 �o <br />furnish any Plan, summary plan description or summary of material mod: oo 44 <br />and beneficiaries as required by ERISA and any regulations under it. It tdt�:tia go AMW of <br />AdMinistrator to p� Client, amtttequest, s $Nnsnary of benefits avatfa l-f)k11 <br />for use in conjunction with the summary plan description and summary of mater* modifications. ;. . <br />2. Annual and Summary Annual Reports: It shall bei ► of Client to furnish any annual reports <br />to participants and/or governmental agencies as required by ERISA, the Internal Revenue Code and <br />any regulations thereunder. It shall be the duty of Administrator to send to Client, upotrtlient's <br />reasonable request, such information ninistrator has within its possessinpt:+l F . <br />Client to make the annual repoft It shall be the duty of Client to providq• mum <br />summary annual reports as requited by ERISA &0 may regulations under it. <br />3. Plan Administrator: It is expressly understood and agreed by the Parties to this Agreement that airy <br />and all duties assigned by LISA and any regulations thereunder to the Plan Administrator <br />including, but not limitedtb dwse duties specifiedIs **Plan shall be deemed for purposes of this <br />Agreement as duties of Client and not those of Administrator. <br />Continuation Coverage. It is also expressly understood and agreed by the Parties to this Agreement that <br />the compliance with continuation coverage requirements imposed on group health plans by ERISA, the <br />Internal Revenue Code and the Public Health Service Act (including the regulations thereunder) shall be the <br />sole obligation Of Client under " Agreement and iM* the obligation of Abdobb#1W • Further, <br />Administrator will not accept payment directly from any employee or former employee (or dependent of such <br />employee or former employee) who is eligible for continuation coverage under the Plan. It shall be the <br />responsibility of Client (and not Administrator), or sucht> third party ado4ft ill handling the group <br />health plan of which the Prescription Drug Program is a part, to collect the premiums due from the employee <br />or former employee (or dependent of such employee or former employee) for continuation coverage and to <br />satisfy any and skadw C .ittmi 14*wsibilities relating. <br />H1J?AA and Ptr*W trard <br />I. <br />1410111 also shall W solely responsible for any and all duties and responsibilities under HIPAA and <br />similar state law that may apply to the Prescription Drug Program offered under this Agreement at <br />any time, includingi+t t wrat AkiW to those provisions relating to portability, non-discrimination, <br />privacy and security. 'The Parties will cause a HIPAA Business Associate Agreement in the form <br />attached hereto as Exhibit B to be signed by their respective authorized representatives as of the <br />Effective Date and will comply with the obligations required of the Parties therein. <br />2. Prescription Drug Claims, as well as eligibillivaloittnetion, which is de -identified in aeta a .: <br />with HIPAA and other applicable law, and t Is ti* id"fiable on a Member basis mew.be j <br />used, disclosed, reproduced, adapted or sold by PBM. Such de -identified data may bo W <br />nationally recognized data integration firms to support appropriate administration of drug <br />management programs as this benchmarking data enabler AM to compare against odw drug <br />population sets and seek to improve programs and services for clients. <br />AN WMESS WHEREOF, Administrator and Client have caused this Agreement to be executed and <br />dWkwW by their respective authorized representatives as of the E r ctive Date. <br />