Sky Insurance Technologies, LLC 2/1/2024

2 reporting, ACA Reporting Service will reprocess the applicable form at no additional charge to Client. 3.2 Client understands and acknowledges that ACA Reporting Service shall provide the Services based on information provided to ACA Reporting Service by Client. Client is exclusively responsible for providing ACA Reporting Service with accurate and timely information required by ACA Reporting Service as described in Addendum 2. Client further understands that ACA Reporting Service will be entitled to rely fully on the accuracy and completeness of the information submitted by Client to ACA Reporting Service, and that ACA Reporting Service shall have no duty or responsibility to verify such information. ACA Reporting Service shall not be liable for any Damages (as defined in Section 8 of this Agreement) resulting from Client’s failure to provide accurate and timely information required for ACA Reporting Service to provide the Services. Client is solely responsible for the accuracy and review of any IRS forms created or resulting from the use of the data provided by Client. 3.3 Notwithstanding any other provision of this Agreement, Client understands and acknowledges (i) that Client shall retain all liability and responsibility under applicable federal and state law, including without limitation, liability under Code Sections 4980H, 6055 and 6056, and (ii) that ACA Reporting Service does not, by virtue of this Agreement, assume any responsibility or liability for any obligations which by law belong to Client in its capacity as an “applicable large employer” or “plan sponsor” (as those terms are defined under Code Section 4980H), including without limitation Client’s liability under Code Sections 4980H, 6055 and 6056. 3.4 ACA Reporting Service acknowledges and understands that it may have access to protected health information of individuals participating in Client’s group health plan(s) during the course of this Agreement, as the term “protected health information” is defined under the Health Insurance Portability and Accountability Act and amendments thereto and regulations promulgated thereunder (“HIPAA”). ACA Reporting Service will not use or disclose such PHI other than as required to perform the Services set forth under this Agreement or as permitted under the Business Associate Agreement, which shall be executed by both parties in the form attached hereto as Addendum 3 and incorporated by reference herein. 4. Payment. For provision of the Services, ACA Reporting Service shall be compensated by Client based upon the products and services selected by Client as well as the rates as in effect for the Services on the date of execution of this Agreement. The parties agree that amounts paid or payable by Client to ACA Reporting Service for the Services represent fair market value for the Services and do not include additional services that may be added at a later date, including, but not limited to, print and mail services, correction fees, additional consulting, or variable hour tracking. The parties agree that amounts payable by Client to ACA Reporting Service for Services are due in full upon execution of this Agreement. 5. Termination. 5.1 Either party may terminate this Agreement at any time, without cause, by providing not less than thirty (30) days’ prior written notice stating the intended date of termination. If Client terminates the Agreement without cause, Client will not be entitled to any refund of any fees or payments made.