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9 P. Subcontractors. Benefit Extras may hire subcontractors to perform any of the services required of it under this Agreement and to act as its designee for purposes of this Agreement. Q. Excise Tax Reporting and Payment. Unless required by applicable law, Benefit Extras shall not be responsible for filing IRS Form 8928 and/or paying the excise tax imposed by Section 4980B of the Code with respect to the Plan. III. Duties of Employer and Plan Administrator A. Establishment & Plan Maintenance. Employer shall establish and maintain the Plans. Plan Administrator shall be responsible for the operation and administration of the Plans. In accordance with this Agreement, Benefit Extras shall provide Administrative Services to Employer and Plan Administrator in connection with the operation and administration of the Plans. B. Determination of Application of Continuation Laws. Employer shall have sole responsibility for determining to which Continuation Coverage laws it and its benefit plans are subject, including, but not limited to, whether it is entitled to the small plan exemption available under COBRA. Upon execution of this Agreement, Employer shall notify Benefit Extras of the Continuation Coverage laws applicable to the Plans and shall notify Benefit Extras if, after the Effective Date, the Continuation Coverage laws applicable to the Plans change. The parties shall perform their duties hereunder in accordance with Employer’s determination regarding the applicable Continuation Coverage law. Notwithstanding the foregoing, Benefit Extras shall be entitled to rely on the assumption that any action or inaction by Employer or Plan Administrator hereunder is consistent with Employer’s determination regarding which Continuation Coverage laws apply to the Plans. Employer and Plan Administrator acknowledge that, in the event the Plans are subject solely to state continuation law, Benefit Extras uses a standard COBRA election notice to notify Qualified Beneficiaries of their right to elect Continuation Coverage. In such a situation, Employer shall be solely responsible for determining whether the notices distributed by Benefit Extras satisfy any applicable requirements of state law and shall indemnify and hold Benefit Extras harmless with respect to any liability arising from the use of COBRA election notices. C. Provision of Relevant Information. Employer shall provide to Benefit Extras all relevant information, as determined by Benefit Extras, necessary for Benefit Extras to perform the Administrative Services required by this Agreement. Without limiting the generality of the foregoing, as part of the foregoing responsibility, Employer shall: