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03-09-26-R
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03-09-26-R
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13 <br />Plan Administrator shall provide notice to Benefit Extras of any Covered <br />Individuals covered under a Plan by virtue of such an order and of any <br />Covered Individuals who cease to be covered under a Plan by virtue of the <br />expiration of such an order. Benefit Extras shall be entitled to rely upon the <br />information provided by Plan Administrator pertaining to such orders. <br />M. HIPAA Privacy and Security Compliance. Employer and/or Plan <br />Administrator (or their designees) shall be responsible for all aspects of <br />compliance with the HIPAA privacy and security rules applicable to the Plan, <br />including, but not limited to, distributing notices of privacy practices. <br />N. Payment of Administrative Services Fees. In consideration of Benefit Extras’ <br />performance of the services described in this Agreement, Benefit Extras’ <br />shall be entitled to receive the administrative fees described in Exhibit A. <br />Benefit Extras acknowledges that Employer has made arrangements with <br />a third party (e.g., an insurance broker) to pay the fees charged by <br />Benefit Extras under this Agreement. In such case, Employer shall notify <br />Benefit Extras of such arrangements and Benefit Extras will accept payment <br />from such third party as satisfaction of Employer’s obligations hereunder. <br />However, Employer retains ultimate responsibility under this Agreement for <br />payment of the applicable fees. <br />1. Failure to Pay. Fees are due thirty (30) days from issuance of the <br />invoice. Any failure to pay any such fees by the date upon which <br />they are due may, at Benefit Extras’ option, result in Benefit Extras’ <br />(1) imposition of a late fee equal to the lesser of (i) 1.5% of the <br />outstanding balance, or (ii) the maximum amount allowed by the <br />usury laws of the applicable state, and/or (2) suspension of <br />performance of its services under this Agreement until such time as <br />such fees are paid or termination of this Agreement. <br />2. Fees for Additional Services. In the event additional adjustments <br />that are not part of the normal plan administrative services <br />contemplated by this Agreement are required, Benefit Extras may <br />charge Employer an additional fee commensurate with the additional <br />services provided. Benefit Extras will inform Employer of the amount <br />of the additional fee in advance of conducting the additional <br />administrative services. <br />3. Interest Earned by TPA Account. If the “TPA Account” option is <br />selected in Exhibit A for the collection of Continuation Coverage <br />Premiums, Benefit Extras shall retain any interest earned on <br />Continuation Coverage Premiums deposited in Benefit Extras’ <br />account (i.e., float) as additional compensation for its services <br />hereunder.
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