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B. Retiree Only Plans, Excepted Benefits and/or Self-Insured Nonfederal Governmental Plans: If the BPA includes <br /> any retiree only plans, excepted benefits and/or self-insured nonfederal governmental plans (with an exemption election), <br /> then Employer represents and warrants that one or more such plans is not subject to some or all of the provisions of Part <br /> A(Individual and Group Market Reforms)of Title XXVII of the Public Health Service Act(and/or related provisions in the <br /> Internal Revenue Code and Employee Retirement Income Security Act) (an "exempt plan status"). Any determination that <br /> a plan does not have exempt plan status can result in retroactive and/or prospective changes by Claim Administrator to <br /> the terms and conditions of administrative services. In no event shall Claim Administrator be responsible for any legal, tax <br /> or other ramifications related to any plan's exempt plan status or any representation regarding any plan's exempt plan <br /> status. <br /> C. Employer shall indemnify and hold harmless Claim Administrator and its directors, officers and employees against any <br /> and all loss, liability, damages, fines, penalties, taxes, expenses(including attorneys' fees and costs) or other costs or <br /> obligations resulting from or arising out of any claims, lawsuits, demands, governmental inquires or actions, settlements or <br /> judgments brought or asserted against Claim Administrator in connection with (a) any plan's grandfathered health plan <br /> status, (b) any plan's exempt plan status, (c) any plan's design (including but not limited to any directions, actions and <br /> interpretations of the Employer), and/or(d) any provision of inaccurate information. Changes in state or federal law or <br /> regulations or interpretations thereof may change the terms and conditions of administrative services. <br /> The provisions of paragraphs A-C (directly above) shall be in addition to (and do not take the place ofl the other terms and <br /> conditions of administrative services between the parties. <br /> Grandfathered Case <br /> No dollar Maximums for Lifetime and Annual Maximums <br /> > i <br /> Penny Dunlevy <br /> Sales Representative Signature o uthorized Purchas <br /> 848/629 217- <br /> 725-8533 City Manac��r <br /> District Phone&FAX Numbers Title <br /> JohnMalachowski December 14, 2010 <br /> Producer Representative Date <br /> Behnke &Company <br /> Producer Firm ATT T: <br /> 101 South Main, Suite 200, Decatur, IL 62523 <br /> Producer Address G(�C�7 <br /> 217-423-2345 (P) -(F) -217-233-3332 City Clerk <br /> Producer Phone& FAX Numbers <br /> jmalachowski@behnkeins.com <br /> Producer Email Address <br /> 37-1139471 <br /> Tax I.D. No. <br /> HCSC IL GEN ASO BPA Rev. 9.1.10 (On-line Version) page 10 <br />