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12 <br /> 5.9 "Clinical Records" means any documentation,electronic media,data, notes, records or other <br /> information pertaining to the counseling,clinical treatment or condition of a specific Participant obtained or <br /> developed by HAI or any Provider in connection with performance of the Services hereunder or the delivery of <br /> clinical treatment or care to such Participant. Clinical Records include information which identifies specific <br /> Participants who receive treatment or care hereunder. <br /> 5.10 "COBRA" means the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended. <br /> 5.11 "Contract Anniversary Date" shall mean each annual anniversary of the Effective Date. <br /> 5.12 "Contract Year"shall mean one year, commencing with the Effective Date or a Contract <br /> Anniversary Date, as applicable, and ending with the day before the succeeding Contract Anniversary Date. <br /> 5.13 "Dependent" means any natural person(other than an Employee) eligible to receive benefits <br /> under the Plan. In addition, with respect to EAP Services, International Support Services or Person-to-Person <br /> Services, "Dependent" shall also include any natural person residing with an Employee on a non-commercial basis. <br /> 5.14 "Dollars" and "S" mean the lawful currency of the United States of America. <br /> 5.15 "EfTcctivc Date" shalt mean that date first set forth at the beginning of this Agreement. <br /> Permanent <br /> 5.16 'Emplovcc" means any natural person eligible to receive benefits under the Plan by virtue of <br /> being a current employee of Sponsor or a retiree of Sponsor or ex-emplovee of Sponsor determined by Sponsor to <br /> be eligible to receive such benefits pursuant to COBRA. <br /> 5.17 "Emplovcc Assistance Proerarrt Services" or"EAP Services" means those Services described is <br /> Addendum A. if any, to this Agreement. <br /> 5.13 "Emplovcc Count" means the number of Employccs listed on the Employee List most recently <br /> provided to HAI, or the number of Employees indicated by Sponsor pursuant to an adjustment under Section <br /> 3. (hl. For purposes of calculating Service Fees, adjustments in Employee Count shall be cfTcctive as o f t he first <br /> day of the first billing cycle following such ,idjtistincn(. <br /> 5.19 "Employee List" shall have the meaning set forth in Section 3.3. <br /> 5.20 "ERISA" means the Employee Retirement Income Security Act of 1974, as amended. <br /> 521 "Fee Schedule" means that schedule of fees and charges attached to this Agreement and <br /> describing the fees and charges payable to HAI by Sponsor pursuant to this Agreement. <br /> 5.22 "HAI' means Human Affairs International, Incorporated, a Utah corporation. <br /> 5.23 "HAI-CA" means the wholly-owned subsidiary of HAI, Human Affairs International of <br /> California. a California corporation. HAI-CA performs EAP Services in California as a licensed specialty health <br /> plan under the California Knox-Keene Health Care Service Plan Act of 1975, as amended, and is subject to the <br /> regulatory oversight of the Department of Corporations of the State of California. <br /> 5.24 "information" shall have the meaning set forth in Section 3.tfal. <br /> Human Affairs(ntemanonal. Incorporated 5/7197 <br /> Services Agreement 10 <br />