PeakOne Administration 12/5/2023

© Peak One Administration 2016 5 2.7 Customer Service and Electronic Administrative Services PSP will provide certain electronic administrative services. PSP will not be in default of this Agreement, nor held responsible for, any cessation, interruption, or delay in the performance of its obligations under this Agreement due to events substantially beyond its control, including, but not limited to, acts of God, acts of a public enemy or governmental body in its sovereign capacity, war, fire, floods, strikes, epidemics, quarantine restrictions, civil unrest or riots, freight embargoes, unusually severe weather, breakdown of telephone, computer or automated mailing equipment (other than a breakdown of telephone, computer or automated mailing equipment owned by or under the control of PSP) or if either party is notified by a state or federal regulatory body or by any card issuing association (e.g., VISA® or MasterCard® International) that any aspect of this Agreement does not comply with any applicable law, regulation, rule, policy, or order applicable to such party. The affected party will give the other party prompt written notice to that effect. Lack of funds by either party will not excuse timely performance. The party so affected will use commercially reasonable efforts to avoid or remove such causes of non-performance or delay, and will continue performance hereunder with reasonable dispatch whenever such causes are removed. 2.8 Indemnification by PSP PSP will indemnify Client and hold its officers, directors and employees harmless from and against all loss, liability, damages, expenses, reasonable attorneys’ fees or other obligations, except punitive damages, resulting from, or arising out of the gross negligence of PSP that results in a breach by PSP of the standard of care set forth in Article 2.3 in this Agreement and then only to the extent permitted under Article 2.4 in this Agreement. However, in no event will PSP indemnify Client for Benefit Plan payments for which Client may become liable unless, and to the extent, such benefit payment would not have arisen but for PSP’s breach of its standard of care as set forth in this Agreement. ARTICLE III. CLIENT’S RESPONSIBILITIES Client will be responsible for the obligations described in this Article III, any additional obligations described in the Appendices attached to this Agreement and any obligations not specifically delegated to PSP under Article II of this Agreement. 3.1 Provide Information to PSP Client will furnish the information that PSP determines is pertinent to fulfilling its responsibilities under this Agreement in the time and in the manner agreed to by Client and PSP. Client agrees that PSP may rely on all information provided to PSP as complete and accurate and PSP will have no duty to question the completeness or accuracy of such information. Client understands that PSP cannot accurately perform its duties under this Agreement without accurate and timely information. Client will be solely responsible for any liability arising from or related to inaccurate and/or untimely information provided to PSP by or on behalf of Client (or any third party who has provided information to PSP). Client acknowledges PSP may, at its option, charge an additional fee if PSP performs additional processing as a result of inaccurate or untimely information. 3.2 Compliance Reporting Client will be responsible for preparing, distributing and filing all government reports, returns and other communications required by applicable law. 3.3 Medicare Secondary Payer Rules Compliance To the extent applicable, Client will provide to PSP, all information required to report information consistent with the Medicare Secondary Payer Rules in the manner and intervals designated by PSP. 3.4 Fidelity Bond Client will maintain a fidelity bond meeting the minimum requirements of ERISA and other applicable law.