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2 . 8 If a Form 5500 filing is required , and TFC is so contracted , the Employer must complete the necessary data information , and return it to TFC in a timely manner for TFC to prepare a signature- ready Form 5500 filing . The Employer is responsible for reviewing all filings for accuracy prior to mailing to the appropriate governmental agency . TFC cannot be responsible for any penalties or fines imposed by governmental agencies as a result or lack of these filings . 2 . 9 The Employer is required to distribute Summary Plan Description ( SPD ) , Summary Material Modifications ( SMM ) , and/or Summary Annual Report ( SAR ) as defined in the current governmental regulations . 2 . 10 The Employer agrees to protect TFC against checking account deficits . 2 . 11 In the event a claim for reimbursement is denied or pending , the Employer understands that the ultimate authority is with the Employer and any complaints shall be directed or filed with the Employer. 2 . 12 If the Employer had the Plan in place prior to TFC being contracted as Plan Service Provider, TFC cannot be held responsible for any prior plan year requirements including , but not limited to : Plan Document, Adoption Resolution , Summary Plan Description , Form 5500 preparation , nondiscrimination testing , employee communication , and Plan administration . 2 . 13 Employer designee must audit check register for accuracy . If any discrepancies occur , Employer designee must notify TFC within one ( 1 ) business day . 2 . 14 In order to ensure proper communication between Employer' s employees and TFC , Employer is responsible for periodically downloading reports from The Flex Company' s web site and administering self-audits comparing TFC data to actual payroll and human resources data . 2 . 15 Employer agrees to notify TFC of changes in fax numbers or e- mail addresses used in the delivery of check registers . If the check register serves a critical purpose in Employer' s accounting and funding purposes , Employer agrees to notify TFC if check register is not received by 4 : 00 p . m . CST on the specified check register delivery day . 2 . 16 Employer agrees to notify TFC of any employee new hires , terminations , or other changes via the paper Flex Benefit Plan Enrollment/Change Form or electronically through TFC ' s corporate website . TFC will process these changes within a reasonable time . If another method will be used , please state and initial the method : SECTION 3 - FEES AND PAYMENT TERMS 3 . 1 The Employer agrees to pay to TFC the fees for all contracted services as detailed in the Fee Schedule hereto attached . 3 . 2 The fees will be payable by Employer to TFC net upon receipt of invoice or through a convenient pay plan whereby a direct deduction is made from the Employer' s bank account. Should Employer dispute any portion of the invoice , Employer must inform TFC in writing of the circumstances of the dispute and pay the undisputed portion within the time- required period . Employer agrees to adhere to these payment policies and to pay reasonable collection and attorney fees in the event of default . 3 . 3 Notwithstanding anything herein to the contrary , TFC reserves the right to change fees for all contracted services from time to time after the initial term of this Agreement as specified in the attached Fee Schedule . Written notice of any price change will be provided not less than thirty ( 30 ) days prior to such change . 3 .4 The Employer is responsible for the collection of fees from its employee participants , if applicable . 3 . 5 The Employer agrees to pay TFC a processing fee for any specially issued reimbursements requested , including lost or stolen checks . 3 . 6 If TFC was contracted to prepare the Plan ' s legal documents , the Employer agrees to pay an annual fee as stated in the Fee Schedule hereto attached at the start of each plan year ( net upon receipt) to have TFC update the legal documents with all current governmental regulation changes that apply . 3 . 7 The Employer agrees to pay bank service fees , travel expenses (where applicable ) and production and printing costs if customized materials are requested . 3 . 8 The fees and other amounts payable from Employer to TFC under this Agreement do not include any expenses of the Plan that may be assessed or imposed by any governmental agency as a result of a Plan audit in which TFC is required to participate . Employer shall directly pay any such expenses assessed against it regardless if the audit is performed on or offsite and Employer shall promptly reimburse TFC for any and all expenses as a result of such audit . 3 . 9 The Employer maintains responsibility to pay an administration fee for all terminated employees who have participated in any of the Employer' s flexible spending accounts for the remainder of the plan year in which the employee terminated employment in addition to the run -out period for continued tracking and servicing as required by governmental regulations . 3 . 10 In addition to the fees set forth in the attached Fee Schedule , The Employer agrees that should TFC be required or requested to provide any services or supplies which are ( 1 ) not specified in this Agreement; ( 2 ) not known or should not have reasonably been known by TFC when the fees were established ; or ( 3 ) due to the