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for any out-of-pocket expenses, loss, damage or attqmey/ecs or other costs incurred by DBI in defending claims or demands made against the Employer, DBI, the Trustee(s) or the Plan. 1.15 Disclaimer. DBI shall not be liable or use its funds for the payment of benefits under the Plan. DBI does not insure or underwrite the Employer's liability to provide benefits under the Plan, and the Employer shall have the final responsibility and liability for payment of benefits under the Plan. Article II - The Employer Responsibilities of the Employer in the administration of the Plan shall include the following: 2.1 General Compliance. Although DBI serves as Employer's agent for services rendered pursuant to this Agreement, the Employer ren'_ains responsible for all Plan activities, including general compliance with the Employoe Retirement Income Security Act of 1974 (ERISA), the Health Insurance Portability ard Accountability Act of 1996 (HIPAA), the Internal Revenue Code, (the "Code"), or other applicable laws or regulations. 2.2 Participants. The Employer shall provide EBI with a complete list of all employees eligible to participate in the Plan. Thereafter, the Employer shall notify DBI on a monthly basis of all changes in participation. 2.3 Contributions. The Employer shall collect the contributions, if any, made by the employees to the Plan in the manner it may deem appa'opriate. The Employer shall deposit any contribution amounts made by participating employees, or by the Employer on the employees' behalf, to the DBI Master Cafeteria Plan T_mst (the "Trust"), which shall have the authority to pay Plan benefits or other Plan expenses as agreed to herein and in accordance with the Plan and applicable Trust agreement. 2.4 Enrollment. The Employer shall assist in the enrollment of the employees in the Plan, cooperate with DBI with regard to proper settlement of the claims and transmit any inquiries pertaining to the Plan to DBI. The Employer shall maintain a supply of forms, enrollment forms and other documents and shall distribute or make available such documents to the employees. Late notification of Plan eligibility may result in an erroneous payment to an employee. In this event, the risk of loss will be the burden of the Employer and the Employer will then be responsible for collecting any erroneous payments from the employee. If there are insufficient Employer funds that are available to restore the erroneous payment amount or the requested reimbursement o_-' funds would otherwise cause the Minimum Account Balance Deposit to become insufficient, DBI has the right to request immediate restoration of funds from the Employer directly and suspend or terminate all services for this Employer. Administrative S~-r'v/ces Agreement - October 2003 10.30.03