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2. The functions do not include amending and republishing the Client's benefit plan document or <br /> booklets. <br /> 3. In order for FBA to execute its functions, Client agrees to comply with the COBRA <br /> requirements concerning the complete and timely filing to FBA of COBRA QUALIFYING <br /> EVENT NOTIFICATIONS. <br /> 4. FBA agrees to comply with ongoing notice requirements within fourteen (14) days of <br /> receiving each completed COBRA QUALIFYING EVENT NOTIFICATION. <br /> 5. FBA further agrees to account for collected premiums by: <br /> a. Placing collected premiums in FBA's premium account <br /> b. Providing Client with a report by the 30"' of the month of a premium reporting month <br /> detailing premiums collected. <br /> c. Forwarding to Client by the 30"' of the month of the premium reporting month a check <br /> drawn on FBA's Premium Account for all net premiums collected during the Premium <br /> Reporting Month. <br /> 6. FBA will report to Client on a monthly basis all new COBRA enrollees in Medical (those who <br /> have elected to receive coverage) and all terminations. It is FBA's responsibility to <br /> communicate these additions and add terminations to Client's insurer or benefit plan <br /> administrator. <br /> 7. FBA will advise Client of all law or regulation changes affecting COBRA. <br /> 8. Client agrees to pay FBA administrative fees in accordance with FBA's FEE SCHEDULE. <br /> Bills are issued on the last day of each month and payments should be received on or before <br /> the 15"'of the month after the invoice was prepared. Failure to pay fees when due may result <br /> in FBA unilaterally terminating this Agreement after 30 day grace period. The FEE <br /> SCHEDULE in effect as of the effective date of this Agreement is set forth as part of this <br /> Agreement. <br /> 9. FBA will use ordinary care and due diligence in the exercise of its power and in the <br /> performance of its responsibilities. Client agrees that FBA is not assuming the title and <br /> liabilities of "Administrator" or "Plan Administrator" defined by the COBRA or ERISA law. <br /> Client agrees that this responsibility is and remains that of the Client. FBA shall not be liable <br /> under this Agreement unless its actions are in negligent, malicious, or willful and wanton <br /> disregard for the Agreement. FBA agrees to hold Client harmless resulting from any and all <br /> dishonest, fraudulent, or criminal acts of FBA or its employees acting alone or in collusion <br /> with others. The Client agrees to hold harmless and to indemnify,to the extent allowed under <br /> North Carolina Law, FBA, its officers, directors, and employees against any and all claims, <br /> denials, suits, settlements, judgements, costs, penalties, attorney's fees, and expenses, if <br /> awarded by a court of proper jurisdiction resulting from or arising out of any action or <br /> omission on the part of Client in connection with any function of this Agreement or in <br /> connection to any claim for benefits under any plan administered through this Agreement. <br /> 10. Client agrees to complete a Flexible Benefit Administrators NEW CLIENT PROFILE FORM <br /> and agrees that this form will provide the basis of FBA's Administrative Actions. Changes to <br /> this form may only be made in writing and are only effective when acknowledged by FBA in <br /> writing. <br /> 2 <br />