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A TRUE COPY CERTWICATION ON LAST PAGE RYAN L. BUTLER, CLERK acknowledges and agrees that RIGHTWAY and the Participating Pharmacies may rely on the accuracy and completeness of all information provided by Client, in providing Services hereunder. Section 3.03. Plan Documents. Client represents that Client or the designated service provider will provide RIGHTWAY with all required Plan Documents, including a current and accurate copy of the summary plan description ("SPD") provided to Eligible Persons describing the terms and conditions of coverage offered under the Plan, in an accurate, correct, and timely manner as required by RIGHTWAY. RIGHTWAY shall use such Plan Documents information for purposes of administering the prescription drug program for Client under this Agreement. Client shall provide RIGHTWAY with advance written notice of any changes to the Plan and/or Plan Documents that affect the Services provided under this Agreement within a reasonable period of time prior to the effective date of the change to allow RIGHTWAY to determine if such change will alter the Services RIGHTWAY provides under this Agreement. Any change in the Services to, be provided by RIGHTWAY under this Agreement which would be caused by any such changes must be mutually agreed to in writing prior to implementation of such change. RIGHTWAY will notify Client if (i) the change increases RIGHTWAY's cost of providing Services under this Agreement; or (ii) RIGHTWAY is reasonably unable to implement or administer the change. The parties shall negotiate in good faith any new fees that may be required to implement and/or administer the Plan change. If RIGHTWAY notifies Client that RIGHTWAY is unable to reasonably implement or administer the change, RIGHTWAY shall have no obligation to implement or administer the change. RIGHTWAY shall not be liable for any Client caused inaccuracies and/or mistakes in the Plan Documents. Section 3.04. Eligibility. Client or its designated third -party service provider will prepare, maintain, and update the Eligibility File, which shall be accurate and provided to RIGHTWAY in a timely manner and in a format and at a frequency mutually acceptable to both parties. RIGHTWAY shall have the right to rely upon any written documented communication from Client, its designated employees, agents, or authorized representatives. If Client retroactively changes an Eligible Person's status under the Plan, Client shall be responsible for payment of all Claims related to such Eligible Person that are processed prior to RIGHTWAY processing the notification of the retroactive eligibility. Section 3.05. Eligible Person Authorizations, Consents, and Notices. Client represents and warrants that it has or shall obtain the Eligible Persons' consents and/or authorizations required, if any, for RIGHTWAY to provide the Services and for the use and disclosure of information, including PHI, as permitted under this Agreement. Client will provide Eligible Persons the information and documents they need to obtain benefits under the Plan within a reasonable period of time before coverage begins. In the event this Agreement is terminated, Client will notify all Eligible Persons that the Services RIGHTWAY is providing under this Agreement are discontinued. Section 3.06. Client's Authority Over Plans. RIGHTWAY is not the Plan Administrator of the Plan. Any references in this Agreement to RIGHTWAY "administering the Plan" are descriptive only and do not confer upon RIGHTWAY other than certain agreed upon claim administration duties. Client accepts total responsibility for the Plan for purposes of this Agreement including its benefit design, the legal sufficiency and distribution of SPDs, and compliance with any Laws that apply to Client or the Plan, whether or not Client or someone Client designates is the Plan Administrator. Unless otherwise stated in this Agreement, Client and/or Plan Administrator, or its delegate (excluding RIGHTWAY) retain the sole and absolute authority to design, amend, terminate, or modify, in whole or in part, all or any portion of the Plan, including the sole authority to control and administer the Plan and any assets of the Plan. Client and/or Plan Administrator, or its delegate (excluding RIGHTWAY) shall also have complete discretionary, binding, and final authority to construe the terms of the Plan, to interpret ambiguous Plan language, to make factual determinations regarding the payment of Claims or provision of benefits and to review denied Claims and This document is CONFIDENTIAL AND PROPRIETARY to RIGHTWAY Healthcare, Inc. and may not be reproduced, transmitted, published, or disclosed to others without the prior written authorization of RIGHTWAY Healthcare, Inc.