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B. Plan Sponsor represents and warrants that, to the best of its knowledge, the group <br />health plan sponsored and maintained by Plan Sponsor pursuant to which medical <br />coverage is provided to its employees electing to open a HSA with Custodian will <br />be, at all times relevant to this Agreement, an HDHP, in accordance with 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 employees and <br />held by Custodian shall not be employee benefit plans and the assets held in the HSA <br />shall not be plan assets subject to the provisions of ERISA. Plan Sponsor <br />acknowledges and agrees that at all times relevant to this Agreement participation <br />in HSAs by employees shall be completely voluntary; and Plan Sponsor shall not: <br />(i) limit the ability of participants to move monies In their HSAs to another HSA <br />(except to the extent of restrictions imposed by the Code; (ii) Impose any conditions <br />on the utilization of EISA monies beyond those permitted by the Code; (iii) represent <br />or advise that the HSAs are an employee welfare benefit plan established or <br />maintained by the employer; or (iv) receive any payment or compensation in <br />connection with an EISA. Plan Sponsor acknowledges that TASC may, from time to <br />time, change the Custodian and may subcontract other aspects of its performance. <br />TASC may not, however, require any participant to close an EISA with 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 HSAs, other than to <br />allocate the contributions In accordance with clear instructions received from Plan <br />Sponsor, participants, or other contributor or transferor. TASC shall have no <br />17 <br />