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2.5 Amendments. The Employer shall provide DBI with a copy of any <br />contemplated amendment to the Plan no less than thirty (3 0) days prior to the anticipated <br />amendment effective date. However, under no circumstances should the Employer adopt <br />any amendment that would alter DBI's duties hereunder v, ithout prior written consent of <br />DBI. <br /> <br /> 2.6 Plan Documents. The Employer shaL file with the appropriate <br />governmental agencies all required returns, reports, documeats and other papers relating to <br />the Plan. The Employer shall distribute to participants all rt aterials and documents as may <br />be necessary or convenient for the operation of the Plan or to satisfy the requirements of <br />applicable law and the Employer shall remain responsible for the final contents of all <br />materials and documents. DBI shall assist, if requested, the Employer in the preparation of <br />materials for filing and distribution. <br /> <br /> 2.7 Summary Plan Description. The Employer shall distribute to its employees <br />participating in the Plan a copy of the Summary Plan Description. <br /> <br /> 2.8 Nondiscriminatory Plans. The employer shal- maintain a non-discriminatory <br />plan or, initiate any immediate corrective action required in the event the plan(s) become <br />discriminatory. <br /> <br /> 2.9 Minimum Account Balance. As part of this Agreement, Employer will give <br />DBI approval to draft applicable amounts from the Employer to an account maintained by <br />the Trust fi'om which disbursements can be made on the Employer's behalf for Qualifying <br />Expenses, which are otherwise specified by the Employer in its Plan document, or as <br />provided for under the Code. Moreover, Employer shall est~.blish an initial deposit (known <br />as the "Minimum Account Balance") within the Trust that is equal to two months of the <br />Employer's projected annual deposits to adequately fund the reasonable needs of the <br />Employer's Plan. If the Employer's account balance falls l:elow a the Minimum Account <br />Balance amount, Employer will be notified of the deficiency and will be further required to <br />fund their account with additional monies until such time the Employer's Minimum <br />Account Balance can be restored. If the Employer falls to immediately restore the <br />Minimum Account Balance once DBI provides written not,ce of the accounts deficiency <br />and restoration demand, the Trust Board of Trustees and DBU shall have the immediate <br />right to suspend or terminate all services for this Employer (See "Termination" section <br />below). <br /> <br /> 2.10 Debit Card Payments. If the Employer l_as agreed to allow its Plan <br />participants to make payment of qualifying expenses througt, use of a "debit card" or other <br />similar point-of-service arrangement, the terms of the Employer Account-Flex Convenience <br />Card shall control and are incorporated by reference herein. <br /> <br />Administrative Services Agreement - Octol~r 2003 <br /> <br />6 <br /> <br />10.30.03 <br /> <br /> <br />