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B. Plan Sponsor represents and warrants that, to tate best of its.knowle =e, nkc group <br />health plan sponsored and maintained by Plan Sponsor pursuant to t hich medical <br />coverage is provided to its employees electing to open a HSA with C usto ian will <br />be, at all times relevant to this Agreement, an HDHP, in accordance wit Section <br />223 of the Internal Revenue Code of 1936, as amended (the "Code"). <br />C. Plan Sponsor acknowledges and agrees that the HSAs owned by its e plo. s and <br />held by Custodian shall not be employee benefit plans and the assets h din the HSA <br />shall 'not be plan ;assets subject to the provisions of ERISA. Flan.lSponsor <br />� I <br />acknoMedges and agrees that at all times relevant to this Agreemeni part `cipanon <br />in HSAs by employees shall be completely voluntary; and Plan Spot sor hall not: <br />(i) limit ahe of participants to move monies In their HSAs to anotter HSA <br />(except to the extent of restrictions imposed by the Code; (ii) Impose E ny conditions <br />on the utilization ofHSA monies beyond those pennitted by the Code; (iii}represent <br />or .advise that the HSAs are an employee welfare benefit plan t stab ished or <br />l <br />maintained by the employer; or (iv) receive any payment or co pen$ation in <br />connection with -an HSA. Plan Sponsor acknowledges that TASC ma , R4 time to <br />time, change the Custodian and may subcontract_ other aspects of <br />TASC may not, however, require any participant to close an HSA 1withl the then <br />current Custodian. <br />D. TASC shall have no responsibility with respect to contributions paid; by Plan <br />Sponsor, participants or other contributor or transferor to the FISAs othgr than to <br />i <br />allocate the contributions In accordance with clear instructions recei 'ed from Plan <br />I <br />Sponsor, participants, or other contributor or transferor. TASC hallihave no <br />17 <br />25E-43 <br />i <br />