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D.Account Servicing and Employee Communication.MEDSURETY, LLCshall make available to the
<br />Adopting Employer one or more client service representatives to respond to the Adopting
<br />questions regarding general administrative issues.
<br />E. Recordkeeping. MEDSURETY, LLC shall keep all Plan records related to the Administrative
<br />Services performed by MEDSURETY, LLC for the Plan(s).
<br />F. Compliance with Applicable Law. MEDSURETY, LLC shall comply with all applicable federal and
<br />state laws and regulations applicable to MEDSURETY, LLC based upon MEDSURETY, LLC
<br />responsibilities under this Agreement.
<br />G. Insurance. MEDSURETY, LLC shall maintain professional liability and errors and omissions
<br />insurance in the amount of $1,000,000.00, MEDSURETY, LLC shall provide the Adopting Employer
<br />and Plan Administrator information regarding the insurance carrier(s) of such policy or policies
<br />and shall make such contracts available for review upon request
<br />H. Subcontractors. MEDSURETY, LLC may hire subcontractors to perform any of the services
<br />required of it under this Agreement and to act as its designee for purposes of this Agreement.
<br />MEDSURETY, LLC shall provide prompt notice to the Adopting Employer and Plan Administrator
<br />of the use of, or change of, subcontractors and shall make such contracts available for review
<br />upon request.
<br />I. Prior Administration. If a Plan existed prior to the Effective Date, MEDSURETY, LLC shall have no
<br />responsibility to audit or review the prior administration of the Plan for compliance with the
<br />terms of the Plan and/or applicable law. If, in the course of providing Administrative Services to
<br />the Plan, MEDSURETY, LLC discovers an error that occurred prior to the Effective Date,
<br />MEDSURETY, LLC will promptly notify the Adopting Employer and Plan Administrator of such
<br />error. The Adopting Employer and Plan Administrator shall be solely responsible for determining
<br />whether, and in what manner, such error shall be addressed. Upon request, MEDSURETY, LLC
<br />may assist the Adopting Employer and Plan Administrator with correcting such error, provided
<br />that the Adopting Employer and Plan Administrator agree to pay any additional fees requested
<br />by MEDSURETY, LLC. Notwithstanding anything herein to the contrary, MEDSURETY, LLC shall
<br />have no liability for the failure to discover errors in administration of the Plan occurring prior to
<br />the Effective Date.
<br />III. Duties of Adopting Employer and Plan Administrator
<br />A. Plan Establishment & Maintenance. The Adopting Employer shall establish and maintain the
<br />Plans. The Plan Administrator shall be responsible for the operation and administration of the
<br />Plans. In accordance with this Agreement, MEDSURETY, LLC shall provide Administrative Services
<br />to the Adopting Employer and Plan Administrator in connection with the operation and
<br />administration of the Plans.
<br />B. FMLA Determinations. The Adopting Employer shall make determinations regarding FMLA,
<br />including, but not limited to, whether FMLA applies. MEDSURETY, LLC shall not make
<br />determinations regarding FMLA. Furthermore, MEDSURETY, LLC shall be entitled to rely upon
<br />the information provided by Adopting Employer and is under no obligation to independently
<br />verify such information.
<br />C. Continuation Law Compliance. Unless Adopting Employer, Plan Administrator, and MEDSURETY,
<br />LLC have entered a Continuation Services Agreement Addendum, Adopting Employer shall be
<br />solely responsible for compliance with applicable law regarding the provision of Continuation
<br />Coverage (e.g., COBRA, USERRA, and state continuation laws), including, but not limited to,
<br />providing individuals covered by the Plans with notices and other information concerning
<br />Continuation Coverage. If Adopting Employer, Plan Administrator, and MEDSURETY, LLC have
<br />Continuation and/or Retiree Billing 3
<br />Administrative Agreement (public sector)
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