Discontinuance of Services Inconsistent with Role. If, based on changes in the applicable regulatory structure or the interpretation of the regulatory structure, there is a reasonable likelihood that any service being, or to be, provided under this Agreement by SALUSION could constitute a discretionary function and thereby subject SALUSION to classification as a “fiduciary” under applicable state, local, or federal law with respect to the HSA or the Program, and such service could not be restructured in a manner that would not subject SALUSION to classification as a “fiduciary” under applicable state, local, or federal law, then SALUSION, upon reasonable notice to Employer may decline to thereafter provide that service. The failure to provide any such service shall not constitute a breach of SALUSION’s obligations under this Agreement.
Discontinuance of Services Inconsistent with Role. If, based on changes in the applicable regulatory structure or the interpretation of the regulatory structure, there is a reasonable likelihood that any service being, or to be, provided under this Agreement by Prudential could constitute a discretionary function and thereby subject Prudential to classification as a "fiduciary" under ERISA with respect to the Plan, and such service could not be restructured in a manner that would not subject Prudential to classification as a "fiduciary" under ERISA, then Prudential, upon reasonable notice to the Employer may decline to thereafter provide that service. The failure to provide any such service shall not constitute a breach of Prudential's obligations under this Agreement.
Discontinuance of Services Inconsistent with Role. If, based on changes in the regulations governing the Program or the interpretation of the regulations, there is a reasonable likelihood that any service being, or to be, provided under this Attachment by Claims Administrator could constitute a discretionary function and thereby subject Claims Administrator to classification as a "fiduciary" under applicable state, local, or federal law with respect to the Program, and such service could not be restructured in a manner that would not subject Claims Administrator to classification as a "fiduciary" under applicable state, local, or federal law, then Claims Administrator, upon reasonable notice to Plan Sponsor may decline to thereafter provide that service. The failure to provide any such service shall not constitute a breach of Claims Administrator's obligations under this Attachment. Compliance Responsibility Plan Sponsor is solely responsible for all plan documents and for ensuring that the Program complies with all applicable provisions of the Internal Revenue Code and any applicable state and local laws governing the Program. For the Program components listed below, the Parties also agree to abide by the Business Associate Agreement attached to the Contract. The Business Associate Agreement shall apply to the following: • The Health Flexible Spending Account ("Health FSA") Debit Card Substantiation Plan Sponsor agrees that, in connection with any account offering that includes a debit card made available to its employees, the following personal or health data may be shared with Claims Administrator's vendors for purposes of debit card substantiation: Program Participant ID, Prescription Number, Service Start Date, Amount Paid, Partner Routing ID, Provider Name and Sender ID.
