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14 <br /> 5.37 "PEPM Charge" means the sum of the service fees and charges described as such on the Fee <br /> Schedule and calculated monthly at the initial rates set forth in the Fee Schedule, as such fees and charges may be <br /> adjusted pursuant to the terms of this Agreement. <br /> 5.38 "Person-to-Person Services" means those Services described in Addendum E, if any, to this <br /> Agreement. <br /> 5.39 "Plan" shall have the meaning set forth in the Recitals. <br /> 5.40 'Plan Administrator" means Sponsor or such other party designated by Sponsor as, or otherwise <br /> deemed to be, an administrator of the Plan for purposes of ERISA or any applicable state law of similar nature. In <br /> no case shall HAI act as or be deemed,by virtue of its performance of the Services or otherwise for any reason, to <br /> be a Plan Administrator. <br /> 5.41 'Proprietary Materials" shall have the meaning set forth in Section 3.1(b). <br /> 5.42 'Providers" means Participating Providers, International Participating Providers and Non- <br /> Participating Providers, as applicable. <br /> 5.43 "Service Fees" shall have the meaning set forth in Section 1.2. <br /> 5.44 "Services" shall have the meaning set forth in Section 1.1. <br /> 5.45 "Sponsor" means the undersigned party to this Agreement identified as such in the first <br /> paragraph of this Agreement. <br /> 5.46 "Staff Clinician" shall have the meaning set forth in Section 3.4(b)(2). <br /> 5.47 "Supplemental Fees" means all fees and charges, except for Basic Fees, due and payable by <br /> Sponsor to HAI for performance of Services at the rates listed on the Fee Schedule for such Services. <br /> 5.48 "Tenn" shall have the meaning set forth in Section 2.1. <br /> [INTENTIONALLY LEFT BLANK-SIGNATURE PAGE FOLLOWS] <br /> Human Affairs International. Incorporated 5/7/97 <br /> Services Agreement 12 <br />