R2007-236 AUTHORIZING AGREEMENT WITH BLUE CROSS BLUE SHIELD OF ILLINOIS

Home Browse Search

J t ' 1 d, 15.2 In relation to the Plan Administrator/Named Fiduciary(ies). The Claim Administrator is not the plan administrator of the Employer's separate employee welfare benefit plan as defined under ERISA. It is understood and agreed that (i) the Employer has a named Plan Administrator and a Named Fiduciary within the meaning of§414(g)of the Internal Revenue Code of 1986, as amended; (ii) said Plan Administrator serves within the meaning of§3(16)(A) of ERISA; and (iii) the Claim Administrator is not a fiduciary of the Employer,the Plan Administrator or of the Plan. 15.3 In Relation to Claim Administrator's Responsibilities. The Claim Administrator's responsibilities hereunder are intended to be limited to those of a contract claims administrator rendering advice to and administering claims on behalf of the plan administrator of the Employer's plan. As such, the Claim Administrator is intended to be a service provider but not a fiduciary with respect to the Employer's ERISA employee welfare benefit plan. The Employer represents that its ERISA employee welfare benefit plan contains the plan procedure described above regarding the designation of responsibilities under a plan and, accordingly, the Claim Administrator may,pursuant to Sections 402(c)(2) and 405(c)(1)(B) of ERISA, render advice with respect to claims and administer claims on behalf of the plan administrator of the Employer's ERISA welfare benefit plan. The Claim Administrator has no other authority or responsibility with respect to Employer's ERISA employee welfare benefit plan. SECTION 16: PROPRIETARY MATERIALS 16.1 Types of materials as used by the parties. The parties acknowledge that each party has developed operating manuals, certain symbols, trademarks, service marks, designs, data,processes, plans, procedures and information, all of which are proprietary information("Business Proprietary Information").Neither party shall use or disclose to any third party Business Proprietary Information without prior written consent of the other party. Neither party shall use the name, symbols, copyrights,trademarks or service marks("Proprietary Marks") of the other party or the other party's respective clients in advertising or promotional materials without prior written consent of the other party; provided, however, that the Claim Administrator may include the Employer in its list of clients. 16.2 Claim Administrator/Association ownership. The Employer acknowledges that the Claim Administrator's Proprietary Marks and Business Proprietary Information are the sole property of the Blue Cross and Blue Shield Association or of the Claim Administrator and agrees not to contest the Blue Cross and Blue Shield Association's or the Claim Administrator's ownership or the license granted to the Claim Administrator for use of such Proprietary Marks. 16.3 Infringement. The Claim Administrator agrees not to infringe upon,dilute or harm the Employer's rights in its Proprietary Marks. The Employer agrees not to infringe upon,dilute or harm the Blue Cross and Blue Shield Association's ownership rights or the Claim Administrator's rights as a licensee in its Proprietary Marks. SECTION 17: ELECTRONIC DOCUMENTS 17.1 Employer's consent/intended use. The Employer consents to receive via an electronic file or access to an electronic file any document the Employer requests from the Claim Administrator describing the benefits under,or the administration of,the Plan.In the event the Claim Administrator provides to the Employer such an electronic file for the Employer's use, including, but not limited to the Employer's posting of such documents on the intranet and/or internet,the Employer acknowledges and agrees that such electronic file is not intended to meet the Employer's requirements for compliance under ERISA. 17.2 Employer acknowledgement/responsibilities. The Employer further acknowledges and agrees that it is solely responsible for providing employees access, via the intranet, internet, or otherwise, to the most current version of any electronic file provided to the Employer by the Claim Administrator at the Employer's request.In addition,in all instances,the electronic file of the most current document issued to the Employer by the Claim Administrator for use by the Employer is the legal document used to administer the Employer's Plan and will prevail in the event of any conflict between such electronic file and any other electronic or paper file. The Employer is solely responsible for any and all claims for loss, liability or damages,arising either directly or indirectly from the use or posting of the electronic file on the intranet and/or internet. -13-