PeakOne Administration 12/5/2023

© Peak One Administration 2016 4 ARTICLE II. PSP’s RESPONSIBILITIES PSP will perform the responsibilities described in this Article II and any additional responsibilities delegated to PSP in the Appendices which are attached to and part of this Agreement. 2.1 Recordkeeping PSP will maintain its usual and customary books, records, and documents, including electronic records related to the administrative services it performs pursuant to this Agreement for the lesser of the term of this Agreement or eight (8) years following the date the record was created, or received by PSP. During this retention period, with reasonable prior written notice to PSP, Client has the right to access these documents at PSP’s offices at a mutually agreed upon time during normal business hours. PSP will deliver copies of all books, records and documents in its possession to Client or its designee as soon as possible, but no later than thirty (30) days after receipt of a written request from the Client. Client will pay the reasonable charges of PSP for compilation, duplication and transmission of such records. 2.2 Bonding In accordance with applicable law, PSP will maintain a fidelity bond covering its employees who handle Benefit Plan contributions provided to PSP by Client in accordance with the terms of this Agreement. This bond covers the handling of such funds from dishonesty, theft, forgery or alteration, and unexplained disappearance. 2.3 Care and Diligence PSP will exercise the same standard of reasonable care and due diligence in the exercise of its powers and the performance of its duties under this Agreement as would be exercised by an entity providing services similar to those provided by PSP under this Agreement. If PSP makes any payment under this Agreement to an ineligible person, or if more than the correct amount is paid, PSP will make a diligent effort to recover any payment, unrelated to inaccurate or untimely information that it makes to, or on behalf of, an ineligible person or any overpayment in accordance with applicable guidelines. However, PSP will not be liable for such payment unless PSP would otherwise be liable under another provision of this Agreement. It will not be considered a breach of this Agreement if PSP refuses to perform services generally required under this Agreement if the manner in which Client desires such services to be performed requires material changes to PSP’s standard operating procedures. 2.4 No Liability for Claims and Expenses PSP does not insure or underwrite the liability for payment of claims under the Benefit Plan and is not financially responsible for the claims and/or expenses incident to the Benefit Plans. PSP has no duty or obligation to defend or pay any costs associated with any legal action or proceeding brought pertaining to eligibility for coverage or to recover benefits under the Benefit Plans. PSP will, however, provide to Client and/or Client’s legal counsel, upon request and subject to any limitations described in this Agreement or under applicable law, documentation in PSP’s possession pertaining to such claim for benefits and/or expenses. 2.5 Non-Discretionary Duties; Additional Duties The services to be performed by PSP under this Agreement are ministerial in nature and will generally be performed within the frameworks and policies established by Client. PSP does not have and will not exercise discretionary control over the Benefit Plans or any assets of the Benefit Plans. PSP and Client may agree to additional duties in writing as may be specified in the applicable Services Appendices from time to time. 2.6 Third Party Vendors PSP may contract with one or more third parties for purposes of assisting PSP with the fulfillment of its duties and responsibilities under this Agreement. PSP will indemnify Client and hold its officers, directors and employees harmless from any claim, demand, or expense arising from the intentional and/or grossly negligent act or omission of such third party if PSP had actual knowledge of such negligent act or omission and failed to take steps to remedy it.