5.04
5.05
5.06
5.07
5.08
5.09
5.10
Entire Agreement. The entire agreement between the parties concerning the subject matter hereof
is incorporated into this document, the Business Associate Agreement and any exhibits or
addenda hereto. This Agreement (including Exhibit A (Compensation) and Attachment B
(Business Associate Agreement).
Governing Law. To the extent not preempted by federal law, including ERISA, this Agreement
shall be governed in accordance with the laws of the State of New Hampshire.
Headings. The headings of this Agreement are solely for the convenience of the parties and do
not affect the meaning or interpretation of any provision of this Agreement.
Notice. Any notice required to be given hereunder between the parties shall be written, effective
upon receipt and shall be served by facsimile or by personal delivery or certified mail, return
receipt requested to the address cited in the signature block of this Agreement or to such other
address as shall be specified by like notice by either party.
Other Service Providers: No Legal or Tax Advice. PDA may seek the services of others in
performing its duties and obligations under this Agreement. Plan Sponsor acknowledges and
agrees that PDA’s services pursuant to this Agreement are in the nature of consulting, logistical
and non-discretionary ministerial services and are not intended, and shall not be construed or
characterized as, the provision of legal or tax advice or professional fiduciary services.
Successor and Assigns; Waiver. This Agreement shall be binding upon and inure to the benefit of
and be enforceable against the parties hereto and their respective successors and assigns. Failure
to enforce any provision of this Agreement shall not affect the rights of the parties to enforce such
provision in another circumstance or their nght to enforce any other provision of this Agreement
at any time. If any provision of this Agreement is determined to be unenforceable or invalid, such
determination shall not affect the validity of the other provisions contained in this Agreement.
Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be
deemed to be an original and all of which together shall constitute a smgle agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed,
effective as of the Effective Date, by their duly authorized officers.
PART D ADVISORS, INC. City of Nashua, on behalf of itself and the City of
Nashua Health Plan
By: By:
Name: Name:
Title: Title:
Address: 17199 N. Laurel Park Drive Address:
Suite 400
Date:
Livonia, MI 48152
Date:
City of Nashua 5 DEV SA Revised January 2020
