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a. If DBI finds that a participant is entitled to the benefits under the Plan, DBI shall arrange for the proper payment from the Plan, using the funds provided by the Employer. b. If DBI finds that a participant is not entitled to benefits under the Plan, DBI shall provide to said participant a written notification of its decision within 10 days from the date the claim was received by DBI. The notice shall comply with the requirements set out in the Summary Plan Description. 1.9 Monthly Reports. DBI shall render monthly :eports to the Employer, which include the following: · Receipts of the Plan · Disbursements, by category, made o:: authorized by DBI from the Plan. · A statement of the fees due to DBI. 1.10 Forfeited Funds. Unless otherwise specified under any applicable state or federal law, or as otherwise dictated under the terms of the Employer's Plan Document, all funds that remain unpaid and on deposit with DBI aRer the end of the period specified by the Employer during which the participant can make a claim, plus any periods for appeal or any claim dispute, shall be immediately forfeited to the Emp~ oyer, minus any necessary fees and expenses that are owing to DBI pursuant to this Ag-cement. Any unclaimed fund amounts, including any previous reimbursement checks or other similar methods of payment that have been issued but remain unendorsed, that :emain unpaid after the end of the mn-out period selected by the Employer shall be returned to the Employer, minus any necessary fees and expenses that are owing to DBI pursuant to this Agreement. 1.11 Fidelity Bonds. DBI shall maintain a fidelity bond or another similar insurance policy which provides adequate coverage for DBI and any of its agents or employees who may collect, disburse, or otherwise handle o:: have possession of any funds of the Plan or who may have the authority to order disburser-tents or payments on behalf of the Plan. 1.12 Investigations. DBI shall maintain all recor~ relating to the investigation, processing and payment of all claims for benefits for a period of not less than 6 years from the date the claim was submitted. These records shall be transferred to the Employer at the Employer's written request upon termination of this Agreement. 1.13 Notice of Litigation. DBI must notify the Employer promptly of any summons, complaint, or other communication concerning threatened litigation and any inquiry by any governmental agency that is related to the Employer's Plan. 1.13 Confidentiality. DBI must keep confident:al all information it obtains concerning the Plan. Other than in due course of business, such information must not be disclosed without prior approval of the Employer or as otherwise provided for in Article llI: 1.14 No Liability. DBI shall not be liable for ary failure or refusal to pay or honor any claim for benefits made pursuant to the Plan and DBI shall be held harmless and is expressly indemnified by the Employer against, and shall be reimbursed by the Employer Administrative Services Agteen'mat - Octol~r 2003 4 10.30.03