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fair market value payment for Medical Services rendered by Providers due to restrictions related to High Deductible Health Plans (HDHPs) with Health Savings Accounts (or HSAs). 2.5. Employer Implementation Plan. The Parties will mutually determine a plan for implementation of the Services and will document such plan in an "Employer Implementation Plan." Planning for implementation of the Services will begin immediately following the Effective Date. Among other things, the Employer Implementation Plan will include a detailed plan for communications to Eligible Participants from 98point6, pursuant to which Eligible Participants are timely notified about the Parties' joint plans to make the Services available and provided with instructions on how they will access the Services. Such communications will be mutually planned by the Parties in order to maximize the number of Participants, and the Parties hereby agree to cooperate in good faith to achieve that goal. The Parties acknowledge that achieving the Subscription Commencement Date requires completion of the steps and milestones described in the Employer Implementation Plan, including such planned communications. In the event such steps and milestones are not completed by the dates set forth in the Employer implementation Plan, the Parties agree to revise the Employer implementation Plan, including the Subscription Commencement Date. 2.6. Collection and Use of Participant Data by 98point6, Subject to applicable taw, 98point6 will collect Participant Data from Participants and make such Participant Data available via the Platform and the Technology Services to Participants and Providers. If 98point6 obtains or is provided one or more valid Authorizations or other permissions to provide certain elements of Participant Data to Employer, or if no Authorizations or other permissions are required in order for 98point6 to provide such Participant Data to Employer, given its content or form, then 98point6 may make such Participant Data available to Employer, as mutually agreed upon by the Parties. 98point6 will not disclose Participant Data to any person other than the Participant, the Participant's Providers, Employer, a third party acting on behalf of or at the direction of the Participant, Participant's Providers, or Employer, or a third party under contract with 98point6 to support the performance of the Services. Any such disclosures to third parties shall be conducted in accordance with this Agreement and the BAA. 2.7. Use of a Secure File Hosting Service to Transfer Information About Eligible Participants. 98point6 will set up a secure file hosting service for Employer to use to transfer Eligibility Files to 98point6. Eligibility Files will be transmitted using Secure Sockets Layer (or SSL) / Transport Layer Security (or 11.5) protocols, using only strong protocols, such as the TLS 1.2 specification, and 98point6 personnel will access such Eligibility Files only using devices that are securely configured and managed by 98point6. The secure file hosting service will be used by 98point6 and Employer, or third parties authorized by the Employer, to transfer all, information about Eligible Participants, which may contain PHI, between themselves. Eligibility Files will be retained and destroyed in a secure manner in accordance with 98point6 Policy. 98point6, when receiving information about Eligible Participants containing PHI from Employer, or third parties authorized by Employer, agrees to adhere to all administrative safeguards (as that term is defined and used in the HIPAA Laws) ("Administrative Safeguards") in place to help ensure that any PHI transferred to 98point6 by Employer remain confined to persons and entities authorized to access such PHI, which shall include the acts of reading, writing, modifying, or communicating such PHI or otherwise using related system resources ("Access"). Subscription Agreement 4 20190227.v10 .1