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EAP Services Agreement 4 VIII.TERM AND TERMINATION A. Term. The Initial Term of this Agreement for the provision of Benefits to Members hereunder is set forth on the Cover Sheet of this Agreement. Thereafter, Group may extend the Agreement for two additional one-year periods. Any extension will require a written amendment executed by both parties indicating the effective date, length, rate, and terms of the extension of the Agreement, subject to the termination provisions contained herein. B. Termination of Individual Member. 1. Loss of Eligibility. If an employee ceases to meet the eligibility requirements of Group, as determined by Group’s personnel and benefit policies, then coverage for Benefits under this Agreement for such employee, and all other Members covered for Benefits through the employee, terminates automatically at midnight on the last day of the month in which the employee ceases to meet the eligibility requirements of Group. Group shall notify Plan monthly of the employees ceasing to meet Group’s eligibility requirements. Plan shall not charge an employee who ceases to meet Group’s eligibility requirements, or Members covered for Benefits through such employee, for Benefits rendered prior to Group’s notice to Plan of the employee’s loss of eligibility. 2. Right to Review. A Member who alleges that his or her rights hereunder were terminated or not renewed because of the Member's health status or requirements for Benefits, may request a review of the termination by the Director pursuant to Section 1365(b) of the California Health and Safety Code. C. Termination of Group. 1. Termination of this Agreement. This Agreement may be terminated by Group, with or without cause, by giving Plan at least ninety (90) days advance written notice stating when, after the date of such notice, termination shall become effective. This Agreement may also be terminated by Plan for nonpayment, as provided in Section VIII.C.2 and VIII.C.3. 2. Nonpayment. If Group fails to pay any amount due Plan within thirty (30) days after Plan's notice to Group of, and bill for the amount due, then Plan may terminate the rights of the Members involved, effective upon Plan's issuance of notification of cancellation to Group. Such rights may be reinstated only by payment of the amounts due and in accordance with Section VIII.C.3. Plan shall continue to provide Benefits to Members until expiration of the applicable reinstatement period and shall not charge Members for services rendered during such period. Thereafter, Plan shall not be liable for Benefits to Members. 3. Reinstatement. Receipt by Plan of the proper Periodic Fees within fifteen (15) days of Plan's issuance of the notice of cancellation to Group for non-payment of Periodic Fees shall reinstate the Members as though there never was a cancellation. If such payment is received after said fifteen (15) day period, Plan, at its option, may either refund to Group the amounts paid and consider this Agreement terminated, or issue to Group, within twenty (20) days of the receipt of such payment, a new agreement accompanied by written notice stating clearly those respects in which the new agreement differs from this Agreement in Benefits or other terms. REV: 03-10-23 MI ATTY/AGR.2023.039/Aetna (EAP Services Agreement) (Page 5 of 42)