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2. To enroll as Subscribers all eligible employees or members of the Contractor or entities affiliated <br />with it and to list, if covered, all Eligible Dependents of those employees or members to the extent <br />required under the Plan. The Contractor will provide Delta Dental with eligibility updates to <br />Subscribers and, if applicable, all Eligible Dependents as necessary, but no less than monthly. No <br />retroactive eligibility updates will be accepted for an effective date more than 90 days from the <br />date on which Delta Dental receives notification of the update. If the Contractor requests that a <br />Subscriber's eligibility be terminated retroactively and a claim was incurred for that Subscriber or <br />any Eligible Dependent of the Subscriber after the requested ternunation date, the Subscriber's <br />eligibility will continue until the end of the month in which the claim was incurred. <br />3. To pernut Delta Dental, by its auditors or other authorized representatives, on reasonable advance <br />written notice, to inspect the Contractor's records to verify the accuracy of Subscribers and <br />Eligible Dependents submitted to Delta Dental. Clerical errors or delays in keeping or relaying <br />data will not invalidate eligibility that would otherwise be validly in force or continue eligibility <br />that would otherwise be validly ternunated, if, after discovery of the errors or delays, an equitable <br />adjustment of the Contractor's payment can be made in a reasonable period of time not to exceed <br />90 days. <br />4. To provide each Subscriber with all required privacy notices at such intervals as are required by law, <br />as well as a certificate or summary of benefits provided under this Plan as shown in Exhibit B. <br />Customized benefit literature can be provided by Delta Dental to Contractor for an additional cost. <br />5. To collect and remit, or to cause to have collected and remitted, to Delta Dental any amounts that <br />the Contractor's employees (or members) are required to pay to Delta Dental under this Plan or <br />any written employment contracts, including amounts for COBRA continuation coverage. Any <br />amounts not collected will be the responsibility of the Contractor. <br />Should the Contractor collect any amounts paid by employees and not remit them to Delta Dental in <br />a tunely fashion, with the result that an Eligible Person's coverage is lost, the Contractor, not Delta <br />Dental, will be liable for any benefits to which the Eligible Person may have been entitled but for the <br />Contractor's tardy remittance or failure to remit, unless after discovery of the errors or delays, an <br />equitable adjustment of the Contractor's payment can be made in a reasonable period of time not to <br />exceed 90 days. <br />6. To pay for any agreed upon non-standard reports based on the time and materials needed to create <br />the reports. <br />Section IV. General Provisions <br />A. Independent Contractors. Dentists providing services are independent conixactors, and neither the <br />Contractor nor Delta Dental will be liable for any act or omission of any Dentist, his or her employees or <br />agents, or any person providing dental or other professional services under this Plan. <br />B. Binding Effect. All Dentists and Eligible Persons, by perfornvng or receiving services under this Plan, are <br />bound by all its terms. <br />C. Payment Limitations. Delta Dental will make no payment for dental services if a claim for those services <br />has not been received by Delta Dental within one year after the dental services were furnished. <br />D. Marketin~ Materials. No materials bearing the Delta Dentallogo or other protected Delta Dental <br />trademark, copyright, or other intellectual property will be published or distributed by the Contractor <br />conceming this Plan unless Delta Dental approves the materials in advance. This provision shall not be <br />construed to prohibit Contractor from publishing or distributing informal communications concerning this <br />Plan that merely reference the involvement of Delta Dental in the administration of the Plan. <br />E. Le~a1 Action. No action on a legal claim arising out of or related to this Plan that is not a claim for dental <br />benefits by a Subscriber or an Eligible Dependent may be brought unti130 days after notice of the legal <br />claim has been given to Delta Dental. In addition, no action, including a claim for dental benefits by a <br />Subscriber or Eligible Dependent, may be brought more than three years after the claim first arose. Any <br />Revised 09/2011 <br />