Professional Services Agreement - Infinisource - City's Flexible Spending Account

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interest in and to the website are the sole property of Infinisource and its licensors. Nothing in this Agreement will be construed to give Employer any rights in such website. 4. As set Forth above, Employer agrees to deposit into the account established by Infinisource or the Third Party Service Provider (the "Deposit Account') the "Minimum Balance". The Minimum Balance means the balance that Employer will deposit and maintain in the Deposit Account as determined by Infinisource, based on Third Party Service Provider's requirements. A Minimum Balance will be maintained and calculated separately for each Plan. In the event that Card transactions reduce the balance in the Deposit Account to an amount less than the Minimum Balance, Infinisource or Third Party Service Provider will provide Employer notice of such balance and will withdraw additional funds from the account by electronic funds transfer (ACH), in an amount sufficient to restore the account to the Minimum Balance to the Deposit Account. in the event sufficient funds are not available to restore the Deposit Account to the Minimum Balance within 24 hours of such notice, Infinisource may immediately shut down the Deposit Account and all associated Cards until the Minimum Balance is restored. Infinisource may increase the Minimum Balance at its discretion should the balance of the Deposit Account fall below the Minimum Balance. 5. Employer warrants that all contributions made to the Deposit Account as set forth herein consist of Employer contributions only and do not consist of employee contributions. 6. Employer hereby grants to Infinisource and its Third Party Service Provider a non-exclusive, non -transferable, royalty -free license to use Employer's trademarks in connection with the Card program, in the forms and formats approved by Employer on: (i) the Cards; (ii) periodic statements; and (ii€) other communications to Plan participants with respect to the Accounts. 7. Employer acknowledges that participants must comply with the Third Party Service Provider's terms and conditions and the legal requirement relating to Card usage, including but not limited to substantiation of FSA claims. 8. Employer agrees that the name of the financial institution which issues the Card, a website Uniform Resource Locator and a customer service phone number will be printed on all Cards. Employer is responsible for all costs incurred by Infinisource resulting from improper use of the Card. 3."A Ii .�9 �IL)�...., ,.. . 1 i ... E� � 3 ' 1 � 3iNh_ .� �L�1fO>i5( -.! I 11i>fi _ Eli ,_f.-',I