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10 <br /> (iii) Performance evaluations or recommendations to be used in child custody <br /> proceedings,child abuse proceedings,criminal proceedings,workers <br /> compensation proceedings,or any legal actions of any kind; <br /> (iv) Performance of professional assessments for fitness for duty determinations or <br /> excuses for leaves of absence or time off; <br /> (v) Treatment for any problem or condition that is not amenable to resolution in <br /> brief counseling. <br /> ARTICLE V <br /> DEFINITIONS <br /> For the purposes of this Agreement,the following terms shall have the meanings specified or referred to below. <br /> 5.1 "Affiliate"means a legal entity related by common ownership,management or control. <br /> 5.2 "Agreement'means this Services Agreement,including the Fee Schedule and Conditions of Offer <br /> attached as Addendum C and all other appendices,exhibits and schedules hereto,which are hereby incorporated <br /> herein by this reference. <br /> 5.3 "CISD"or"Critical Incident Stress Debriefing"means response to and consultation in connection <br /> with a sudden,unanticipated incident or circumstance that produces a high degree of distress in the affected <br /> workplace of Sponsor or an immediate or delayed emotional reaction by Participants,including Employees,that <br /> surpasses normal coping mechanisms. <br /> 5.4 "COBRA Continuee"means any natural person eligible to receive benefits under EAP by virtue <br /> of electing to continue group health benefits under the Consolidation Omnibus Budget Reconciliation Act or 1985 <br /> (COBRA). <br /> 5.5 "Contract Anniversary Date"shall mean the date that is two years after the Effective Date and <br /> each subsequent anniversary of such date. <br /> 5.6 "Contract Year"shall mean the contract period,commencing with the Effective Date or a Contract <br /> Anniversary Date,as applicable,and ending twelve months later. <br /> 5.7 "Dependent"means any natural person residing with an Employee on a non-commercial basis. <br /> 5.8 `BAP Clinician"means an employee of Magellan or of an Affiliate of Magellan who is a clinical <br /> professional licensed or certified under applicable state law to provide treatment in the areas of mental health and <br /> substance abuse. <br /> 5.9 "Effective Date"shall mean that date first set forth at the beginning of this Agreement,which <br /> shall be no sooner than thirty(30)days following notice to Magellan of Sponsor's intent to enter this Agreement. <br /> 5.10 "Emvlovee"means any natural person eligible to receive Services by virtue of being a current <br /> employee or COBRA Continuee of Sponsor. <br /> 5.11 `Employee Assistance Program Services"or`BAP Services"means those Services described in <br /> Section 1.1(a)to this Agreement. <br /> 5.12 `Employee Count"shall mean the number of Sponsor's Employees. <br /> 5.13 "ERISA"means the Employee Retirement Income Security Act of 1974,as amended. <br /> Magellan Behavioral Health,Inc. 7 Rev. 07127101 <br /> Growing Business Services Agreement <br />