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Employer and Recipient or otherwise, to treat any information disclosed pursuant <br />to this Section U (5) as Confidential Information, and to be bound by terms at least <br />as protective as those applicable to Employer under section with regard to such <br />information. Employer will be responsible for any failure by Recipient to comply <br />with such terms. <br />6. ANY INFORMATION THAT BCBSF DISCLOSES PURSUANT TO THIS <br />SECTION U SHALL BE PROVIDED "AS IS." BCBSF MAKES NO <br />REPRESENTATIONS OR WARRANTIES, WHETHER OF ACCURACY, <br />FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, <br />INFRINGEMENT, OR OTHERWISE, NOR AS TO WHETHER THE <br />DISCLOSURE OR RECIPIENT'S FURTHER ACTUAL OR ANTICIPATED <br />USE, ACCESS, RELEASE, OR DISCLOSURE OF SUCH INFORMATION <br />COMPLIES WITH APPLICABLE LAW. THE BUSINESS ASSOCIATE <br />AGREEMENT BETWEEN RECIPIENT AND EMPLOYER, EMPLOYER'S <br />NOTICE OF PRIVACY PRACTICES, OR THE GOVERNING GROUP <br />HEALTH PLAN DOCUMENTS. <br />U. The Employer on behalf of itself and its participants hereby expressly acknowledges its <br />understanding that this Agreement constitutes a contract solely between the Employer and <br />BCBSF, that BCBSF is an independent corporation operating under a license with the Blue <br />Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield <br />Plans (the "Association") permitting BCBSF to use the Blue Cross and Blue Shield service <br />mark in the State of Florida, and that BCBSF is not contracting as the agent of the Association. <br />V. BCBSF is acting as an independent contractor. Except as otherwise provided in Article IV, <br />Employer agrees that BCBSF (and its subcontractors, as applicable) is acting only in a <br />ministerial capacity and is not and shall not be designated or deemed a Plan Administrator, <br />Plan Sponsor or fiduciary of any kind with respect to the Plan of Benefits for the purposes of <br />any applicable federal or state law. <br />W. The Employer further acknowledges and agrees that it has not entered into this Agreement <br />based upon representations by any person other than BCBSF and that no person, entity or <br />organization other than BCBSF shall be held accountable or liable to the Employer for any of <br />BCBSF's or it's Designated Agent obligations to the Employer created under this Agreement. <br />This paragraph should not create any additional obligations whatsoever on the part of BCBSF <br />other than those obligations created under other provisions of the Agreement. <br />X. The defense of any legal action instituted on a claim for benefits under the Plan shall not be <br />an obligation of BCBSF or its Designated Agents. Rather, such defense shall be the <br />obligation of the Employer. However, BCBSF and its Designated Agents shall cooperate <br />with the Employer by furnishing such evidence as it has available in connection with the <br />defense of any such action. <br />Y. In all events, Employer shall be liable for the full amount of any benefits paid as a result of <br />plan benefits litigation. In no event shall BCBSF or its Designated Agents be liable for any <br />amount of benefits paid as a result of plan benefits litigation. <br />21 <br />