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(3) Employee Communications. Sponsor, or its designee, shall be deemed the <br />Plan Administrator and Named Fiduciary under ERISA with respect to such booklets or other communications, <br />and Magellan shall nat act as Plan Administrator or Named Fiduciary, neither shall Magellan have any <br />discretionary authority with respect to the design, preparation or distribution of employee booklets or <br />communications to Employees. <br />(4) Provider Network. If the Services include providing, arranging or making <br />referrals for delivery of clinical services, Magellan shall maintain a network of Participating Providers. <br />(5) 24-Hour Intake. If the Services include providing, arranging or making <br />referrals for delivery of clinical services, Magellan shall provide intake for Participants on a continuous basis, <br />twenty-four (24) hours per day, seven (7) days per week; as more specifically described and provided in the <br />Addenda. hereto. <br />(6) Reporting. Magellan shall provide Sponsor with periodic reports with respect <br />to the Services, as more specifically described and provided in the Addenda hereto. <br />1.2 Pa~.ents. As consideration for Magellan's agreement to perform the Services, Sponsor agrees to <br />pay Magellan on a timely basis all amounts due under this Agreement for performance of the Services including, <br />witliout limitation, the Basic Fees and all' Supplemental Fees, all as may be adjusted according to the provisions of <br />this Agreement (collectively, as so adjusted, the "Service Fees"), in accordance with the following terms and <br />conditions: <br />(a) Magellan shall invoice Sponsor during the Term for Service Fees hereunder quarterly in <br />advance. To the extent that any Service Fees are incurred on afee-for-service basis hereunder, Magellan will - <br />imoice Sponsor during the Term for such Service Fees at the next regular billing interval. <br />(b) After the Term, Magellan shall, at such times as it deems appropriate in its discretion, <br />invoice Sponsor for all Service Fees which remain due and payable under this Agreement. <br />(c) Sponsor shall pay invoiced Service Fees to Magellan within thirty (30) days of Sponsor's <br />receipt of such invoice. All payments due to Magellan. hereunder shall. be addressed to: <br />Magellan Behavioral Health, Inc. <br />W40S0 MBH <br />P.O. Box 7777 <br />Philadelphia,, FA 19175-0050 <br />(d) Sponsor shall pay interest at the rate of one and one-half percent (1.5°/a) per month on <br />all payments due hereunder which are not received by Magellan within sixty (60) days of Sponsor's receipt of <br />Magellan's invoice, In addition, Sponsor shall reimburse Magellan for any costs Magellan incurs, including <br />without limitation reasonable attorney fees, with respect to the collection of a~+ late payment of Service Fees, <br />(e) No later than sixty (60) days prior to the Contract Anniversary Date, Sponsor and <br />Magellan shall reach agreement as to new rates for the Services under this Agreement to go into effect on such <br />Contract Anniversary Date. If no agreement regarding new rates is reached prior to the Contract Anniversary <br />Date, Magellan shall provisionally charge Sponsor such new rates. <br />Magellan 9ehavioral Health 01/03/01 <br />RSRM Services Agreement <br />