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immediately responsible for all aspects of its Plan, i.qcluding the processing of other <br /> qualifying expense reimbursements, annual reporting and general plan <br /> administration. DBI shall also return any undistributed funds to the Employer, <br /> along with any unpaid or other pending payment requests and/or any subsequent <br /> reimbursement requests that are received after the date of the specified mn-out <br /> period. However, the return of such funds shall remain subject to the completion of <br /> a final accounting of all account activities, as well as after deduction of applicable <br /> fees and other expenses. If necessary, DBI shall have the immediate right to <br /> demand and pursue collection of any fees, reimbursements or other amounts that are <br /> due and owing to DBI as of the date of terminatioa pursuant to the terms of this <br /> Agreement. <br /> b. Within 60 days after the later of the termination of this Agreement or <br /> the applicable mn-out period DBI shall prepare ~nd deliver to the Employer a <br /> complete and final accounting and report of the financial status of the Plan as of the <br /> date of termination, together with all books and records in its possession and control <br /> pertaining to the administration of the Plan, all claim files, and all reports and other <br /> paper pertaining to the Plan. <br /> <br /> 5.5 Return of Information Upon Termination. Upon termination of this <br />Agreement, DBI shall return or destroy all Protected I--Sealth Information then in its <br />possession which was received from, or created or received by, DBI on behalf of the Plan, <br />and shall not retain any copies of such Protected Health Infbrmation; provided, if return or <br />destruction is not feasible, DBI agrees to extend the protections of Article 111 to the <br />Protected Health Information and limit further use and disclosure to those purposes that <br />make the remm or destruction infeasible. DBI may charge a fee if it is required to maintain <br />any such records following termination of this Agreement. <br /> <br />Article VI - Cost of Administration <br />DBI shall be entitled to a fee for its services to the Plan and under this Agreement, which <br />shall be payable in accordance with the following fee schedu .e: <br /> <br />A. $0.00 Annual fee. <br /> <br />B. $7.00 per month per spending account participant. <br />Other: <br /> <br />The annual fee will be paid at the adoption of this Agreement and upon renewal thereafter. <br />Monthly fees will be invoiced monthly and are due within 30 days after invoice. <br /> <br />Article VII - Miscellaneous Provisions <br /> <br /> 7.1 Governing Laws. The laws of the State of North Dakota shall govern this <br />Agreement, to the extent they are not inconsistent with or preempted by ERISA, the <br />Intemal Revenue Code, or any other applicable federal law. <br /> <br />Administrative Services Agreement - Octol~-.r 2003 <br /> <br />12 <br /> <br />10.30.03 <br /> <br /> <br />