Common use of Setup Clause in Contracts

Setup. Prior to initiating the Program and in advance of each calendar year, HQY shall provide a planned contribution file form (the "Planned Contribution File Form") to Employer. Employer will complete the form in accordance with HQY's instructions and the standard file specifications provided to Employer by HQY from time to time, setting forth the then-available features and options of the Program. The Program shall be designed, implemented and administered in accordance with the elections made in the Planned Contribution File Form delivered to HQY by Employer. HQY shall rely on the Planned Contribution File Form delivered by Employer in developing the systems and platform for the administration of the Program. Once delivered to HQY, the Planned Contribution File Form shall be an irrevocable election by Employer (for the calendar year identified in the form) for HQY to design, implement and administer the Program in accordance with elections made therein. HQY shall have no responsibility for liabilities, penalties, or claims that result from Employer’s failure to provide timely and accurate Planned Contribution File Forms. Employer will deliver the Planned Contribution File Form to HQY at least weekly or in conjunction with the Eligibility File if an Account Holder must be added or removed from participation in the Program or the Annual HSA Balance Booster Amount of an Account Holder must be changed. “Annual HSA Balance Booster Amount” shall mean, with respect to each Account Holder, the dollar amount of planned HSA contributions Employer shall make available to such Account Holder as a contribution to such Account Xxxxxx’s HSA outside of the normal contribution cycle through the Program in a calendar year as conclusively set forth on the Planned Contribution File Form delivered to HQY by Employer from time to time. Employer shall promptly reimburse HQY for any costs incurred by the HQY as a result of any inaccurate, incomplete or erroneous data included in the Planned Contribution File Form. Employer shall provide HQY with timely, accurate and complete information regarding the methodology used by Employer to determine each Account Holder's Annual HSA Balance Booster Amount as well as where Account Holders may locate information regarding Employer's policies and procedures relating to the Program Information (collectively, "Program Information") in accordance with HQY's instructions and the standard file specifications provided to Employer by HQY from time to time. HQY will reasonably assist Employer in disseminating Program Information to Account Holders through the development of educational materials and when contacted by Account Holders regarding the Program.

Setup. Prior to initiating the Program and in advance of each calendar year, HQY shall provide a planned contribution file form (the "Planned Contribution File Form") to Employer. Employer will complete the form in accordance with HQY's instructions and the standard file specifications provided to Employer by HQY from time to time, setting forth the then-then- available features and options of the Program. The Program shall be designed, implemented and administered in accordance with the elections made in the Planned Contribution File Form delivered to HQY by Employer. HQY shall rely on the Planned Contribution File Form delivered by Employer in developing the systems and platform for the administration of the Program. Once delivered to HQY, the Planned Contribution File Form shall be an irrevocable election by Employer (for the calendar year identified in the form) for HQY to design, implement and administer the Program in accordance with elections made therein. HQY shall have no responsibility for liabilities, penalties, or claims that result from Employer’s failure to provide timely and accurate Planned Contribution File Forms. Employer will deliver the Planned Contribution File Form to HQY at least weekly or in conjunction with the Eligibility File if an Account Holder must be added or removed from participation in the Program or the Annual HSA Balance Booster Amount of an Account Holder must be changed. “Annual HSA Balance Booster Amount” shall mean, with respect to each Account Holder, the dollar amount of planned HSA contributions Employer shall make available to such Account Holder as a contribution to such Account Xxxxxx’s HSA outside of the normal contribution cycle through the Program in a calendar year as conclusively set forth on the Planned Contribution File Form delivered to HQY by Employer from time to time. Employer shall promptly reimburse HQY for any costs incurred by the HQY as a result of any inaccurate, incomplete or erroneous data included in the Planned Contribution File Form. Employer shall provide HQY with timely, accurate and complete information regarding the methodology used by Employer to determine each Account Holder's Annual HSA Balance Booster Amount as well as where Account Holders may locate information regarding Employer's policies and procedures relating to the Program Information (collectively, "Program Information") in accordance with HQY's instructions and the standard file specifications provided to Employer by HQY from time to time. HQY will reasonably assist Employer in disseminating Program Information to Account Holders through the development of educational materials and when contacted by Account Holders regarding the Program.