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B. FMLA Determinations. Employer shall make determinations regarding FMLA. MEDSURETY shall not make determinations regarding FMLA. Furthermore, MEDSURETY shall be entitled to rely upon the information provided by Employer and is under no obligation to independently verify such information. C. Continuation Law Compliance. Unless Employer, Plan Administrator, and MEDSURETY have entered a separate agreement under which MEDSURETY agrees to provide services with respect to compliance with laws requiring the provision of continuation coverage under the Plans, Employer and Plan Administrator shall be solely responsible for complying with the applicable provisions of federal and state continuation laws, including, but not limited to, providing qualified beneficiaries covered by the Plans with initial notices, notices upon a qualifying event, notices of unavailability, termination notices, and other information concerning continuation coverage elections. If Employer, Plan Administrator, and MEDSURETY have entered a separate agreement, MEDSURETY shall be responsible only for the continuation coverage responsibilities described in such agreement. D. Medical Child Support Order Compliance. Plan Administrator shall be responsible for all aspects of compliance with medical child support orders. Plan Administrator shall provide notice to MEDSURETY of any Covered Individuals covered under the Plan by virtue of a medical child support order and of any Covered Individuals who cease to be covered under the Plan by virtue of the expiration of such an order. MEDSURETY shall be entitled to rely upon the information provided by Plan Administrator pertaining to medical child support orders. E. Payment of Administrative Services Fees. In consideration of MEDSURETY's performance of the services described in this Agreement, Employer and/or Plan Administrator shall pay MEDSURETYnistrative fees as described in Exhibit A in accordance with this Section IV.E. 1. Failure to Timely Pay. specified bank account. Notification of fees due will be sent to Employer at least two (2) days prior to any withdrawal. Failure to pay any such fees within thirty (30) days of the date upon which they are due may, at MEDSURETYMEDSURETY imposition of a late fee equal to the lesser of (i) 1.5% of the outstanding balance or $75 per month, whichever is greater, or (ii) the maximum amount allowed by the usury laws of the applicable state, and/or (2) suspension of performance of its services under this Agreement until such time as such fees are paid or termination of this Agreement. 2. Increases. The administrative fees identified in Exhibit A may increase upon reasonable notice in the event of and in direct proportion to any rate increases implemented by the United States Postal Service. Such increases shall be effective January 1 on or next following the effective date of the postage rate increase. MEDSURETY also reserves the right to charge additional fees for repeating, or expanding the scope of, its services due to inaccurate, incomplete, or unusable data supplied by the Employer. 3. Fees for Additional Services. In the event additional services that are not part of the normal Administrative Services contemplated by this Agreement and Addenda, or chosen by Plan Administrator on Exhibit A, are required, MEDSURETY may charge the Employer an additional fee commensurate with the additional services provided. Such additional services may include, but are not limited to, the provision of additional notices or other related services required by an amendment to applicable law occurring after the Effective Date. MEDSURETY shall inform the Employer of the amount of the additional fee in advance of conducting the additional administrative services. MEDSURETY, LLC 5 Administration Agreement (Non-ERISA) Exhibit Business Associate Agreement