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II. Plan Establishment & Maintenance A. Generally. Employer shall establish the Plans. Plan Administrator shall be responsible for the operation and administration of Plans. In accordance with this Agreement, MEDSURETY shall provide Administrative Services to Employer and Plan Administrator in connection with the establishment, operation, and administration of the Plans. B. Plan Documentation. Employer and Plan Administrator shall have ultimate responsibility for all aspects of the Plan documentation, including, but not limited to, written Plan documents, Summary Descriptions, Plan amendments, and Summary Description updates. MEDSURETY may provide Employer with services related to the initial preparation, periodic revision, and printing of the Plan documents, Summary Descriptions and related documentation. Employer and Plan Administrator shall approve all such materials within thirty (30) days following delivery by MEDSURETY, unless such deadline is extended by mutual agreement of all parties. Employer and Plan Administrator's failure to object within such time period (including any agreed upon extension period) shall constitute approval to rely on the documents in the course of providing services hereunder. Unless Employer, Plan Administrator and MEDSURETY mutually agree otherwise, Plan Administrator shall deliver to all Covered Individuals all appropriate and necessary documents and materials, including, but not limited to, the Plan documents, Plan amendments, Summary Descriptions, enrollment forms, application forms, and notices, as may be necessary for the operation of the Plans or to satisfy the requirements of state or federal laws and regulations. C. Plan Amendment & Termination. The Plans may be amended or terminated in accordance with the Plan provisions. If Employer amends a Plan, Employer agrees to notify MEDSURETY by the later of (1) the effective date of the amendment or the date on which the amendment is adopted, or (2) as soon as administratively feasible. MEDSURETY is responsible for providing services related to the amendment only upon its consent. Such consent shall not be unreasonably withheld, but may be conditioned upon Employer administrative fees (if applicable). III. MEDSURETY Status and Responsibilities A. Capacity of MEDSURETY. In fulfilling its duties and obligations under this Agreement, MEDSURETY shall act as the administrative agent of the Employer and Plan Administrator. MEDSURETY does not intend to be a lan a defined under applicable law or the Plans) of the Plan or to assume any of the administrative duties or responsibilities commensurate with such designations. Employer shall not hold out MEDSURETY to third parties (including Covered Individuals) that MEDSURETY serves in any of the foregoing capacities. B. Limited Responsibilities. MEDSURETY agrees to provide only the Administrative Services specifically described in this Agreement. Any responsibility with respect to establishment, maintenance, and administration of any welfare benefit plan sponsored by Employer not specifically delegated to MEDSURETY herein shall remain the responsibility of Employer and/or Plan Administrator. C. Account Servicing and Employee Communication. MEDSURETY shall provide account management services. MEDSURETY shall provide general administrative services to assist Covered Individuals with general information about the Plans and answer routine questions from persons concerning coverage status, claims status, complaint administration, and other inquiries MEDSURETY, LLC 3 Administration Agreement (Non-ERISA) Exhibit Business Associate Agreement