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Except as may be otherwise agreed to by RDS,Plan Sponsor specifically agrees that: <br /> (i) All electronic communications between HHS and Plan Sponsor or any of its employees <br /> or agents shall exclusively be conducted through the Server, URL address, email address <br /> and/or website established or approved by RDS for Plan Sponsor, and <br /> (ii) Any electronic communication related to this Agreement to HHS from Plan Sponsor or <br /> any of its employees or agents shall only be initiated with the knowledge and consent of <br /> the Reinsurance Subsidy Account Manager. <br /> HIPAA Compliance. <br /> Notwithstanding any provision in this Agreement to the contrary, Plan Sponsor shall, during the term of <br /> this Agreement,be solely responsible for ensuring that the Plan is and remains in full compliance with the <br /> privacy and security requirements under the Health Insurance Portability and Accountability Act <br /> (HIPAA) and implementing regulations. In particular, Plan Sponsor shall have in place all necessary <br /> business associate agreements, Plan amendments, and related documentation to the extent required under <br /> HIPAA in order to (i) permit the disclosure of protected health information (within the meaning of <br /> HIPAA) to Plan Sponsor and (ii) establish the permitted and required uses and disclosures of protected <br /> health information by Plan Sponsor. <br />