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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />to provide Client, upon request, with a summary of benefits available under the Plan for use in <br />conjunction with the summary plan description and summary of material modifications. <br />2. Annual and Summary Annual Reports: It shall be the duty of Client to furnish any annual reports to <br />participants and/or governmental agencies as required by ERISA, the Internal Revenue Code and any <br />regulations thereunder. It shall be the duty of Administrator to send to Client, upon Client's <br />reasonable request, such information which Administrator has within its possession as will permit <br />Client to make the annual reports. It shall be the duty of Client to provide the Members with summary <br />annual reports as required by ERISA and any regulations under it. <br />Plan Administrator: It is expressly understood and agreed by the Parties that any and all duties <br />assigned by ERISA and any regulations thereunder to the Plan Administrator including, but not <br />limited to, those duties specified in the Plan shall be deemed for purposes of this Agreement as duties <br />of Client and not those of Administrator. <br />B. Continuation Coverage. It is also expressly understood and agreed by the Parties that the compliance with <br />continuation coverage requirements imposed on group health plans by ERISA, the Internal Revenue Code and <br />the Public Health Service Act (including the regulations thereunder) shall be the sole obligation of Client <br />under this Agreement and not the obligation of Administrator. Further, Administrator will not accept payment <br />directly from any employee or former employee (or dependent of such employee or former employee) who is <br />eligible for continuation coverage under the Plan. It shall be the responsibility of Client (and not <br />Administrator), or such other third party administrator handling the group health plan of which the Plan is a <br />part, to collect the premiums due from the employee or former employee (or dependent of such employee or <br />former employee) for continuation coverage and to satisfy any and all other COBRA duties and responsibilities <br />relating thereto. <br />C. HIPAA and Privacy and Security. <br />Client shall be solely responsible for any and all duties and responsibilities applicable to Client under <br />HIPAA and similar state law that may apply to the Plan offered under this Agreement at any time, <br />including but not limited to those provisions applicable to Client relating to portability, non- <br />discrimination, privacy and security. The Parties agree to sign a HIPAA Business Associate <br />Agreement in the form attached hereto as Exhibit B. <br />20 <br />NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY <br />AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS <br />