Benefit Plans Administrative Services 12/26/2018

8IPage format; and to (ii) deposit contributions to the Trust in an approved BPAS method in compliance with the operating procedures set forth in the Operating Procedures. g. Funding. The responsibility and obligation for funding benefits shall be solely and completely the responsibility of the Plan Sponsor. BPAS shall have no responsibility, risk, liability, or obligation for the funding of the Plan. h. Regulatory Compliance. The Plan Sponsor and Plan Administrator shall be responsible for compliance with applicable laws and regulations pertaining to the Plan. The Plan Sponsor or Plan Administrator shall be solely responsible for determining whether the portability requirements of HIPAA and the group health plan requirements of the Patient Protection and Affordable Care Act ("PPACA") apply to the Plan. Unless specifically agreed otherwise, the Plan Sponsor or Plan Administrator shall be solely responsible for complying with (1) the portability requirements of HIPAA, including, but not limited to, providing certificates of creditable coverage to Plan participants, and (2) the group health plan requirements of PPACA, including, but not limited to, the external review requirements. The Plan Sponsor and Plan Administrator shall be responsible for any governmental or regulatory charges resulting from the Plan Sponsor's establishment and operation of the Plan. This provision does not relieve BPAS from any statutory or agency requirements placed directly on it as a result of performing services under this Agreement. i. Process applications for and administer continuation coverage under COBRA and USERRA. Section 3.04 Confidential Information In the course of carrying out this Agreement, each party may be given access to confidential or propriety information that relates to the other's past, present and future research, development, business activities, products, services and technical knowledge ("Confidential Information"). Therefore: a. A party may use Confidential Information of the other party only in connection with performing its duties under the Agreement. b. Each party shall protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information, but always at least in a reasonable manner. Access to Confidential Information shall be restricted to the Plan Sponsor, Plan Administrator, their designated representatives and agents, and the personnel of BPAS, except that such information may be disclosed without such written consent (A) to accountants, independent or internal auditors, advisers, agents, employees and counsel, (B) if required to do so by any applicable statute (including without limitation the Washington Public Records Act), law, rule or regulation, or in working with any taxing authorities or other governmental agencies, (C) to any government agency or regulatory body having or claiming authority to regulate or oversee any respects of the business of BPAS or that of its affiliates, or (D) pursuant to any subpoena, civil investigation demand or similar demand or request of any court, regulatory authority, arbitrator or arbitration to which BPAS or an affiliate or an officer, director, employer or shareholder thereof is a party. In the event either party receives a subpoena, or other validly issued administrative of judicial process, or a public records request requesting Confidential Information of the other party, it shall provide prompt notice to the other of such receipt and the date of the disclosure if the party does not received a protective order. In such event, the party in receipt of the request for information shall notify the other party as far in advance of such disclosure as is reasonable, and cooperate with any attempt by the other party to obtain a protective order limiting disclosure and, in the event disclosure is made, redact the Confidential Information to the extent possible before disclosure. The party receiving the VEBA Administrative Service Agreement (405512)