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AG 2015 07 20
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AG 2015 07 20
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Last modified
7/21/2015 4:33:12 PM
Creation date
11/27/2017 10:38:32 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/20/2015
Board
Board of Commissioners
Meeting Type
Regular
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CONFIDENTIAL DRAFT CONFIDENTIAL DRAFT <br />related to the EEOC and any health benefits plans covering Employer's employees and Clinic Users. In <br />no event shall CHS advise Employer regarding compliance with any Laws. <br />17. Disclaimer of Liability CHS MAKES NO REPRESENTATIONS OR WARRANTIES <br />ABOUT THE SERVICES OR DELIVERABLES IT WILL PROVIDE TO EMPLOYER, CLINIC <br />USERS AND ANY OTHER PERSONS PERMITTED TO USE THE SERVICES HEREUNDER, <br />INCLUDING NO GUARANTEES AS TO THE RESULTS OF ANY DATA ANALYSIS OR <br />WHETHER SUCH ANALYSIS WILL BE OF BENEFIT TO EMPLOYER. EMPLOYER, CLINIC <br />USERS AND ANY OTHER PERSONS PERMITTED TO USE THE SERVICES HEREUNDER <br />ACCEPT THE SERVICES AND DELIVERABLES AS IS. This section will survive termination of this <br />Agreement. <br />18. Work Product Any processes, programs, strategies, developments, ideas, work plans, <br />materials, reports, or other work product created, prepared, developed or provided by CHS in the context <br />of providing the services and deliverables under this Agreement are deemed to be the sole and exclusive <br />property of CHS without any further legal or administrative action, provided such work product will not <br />include employee - identifiable information. This section will survive termination of the Agreement. <br />19. Right to Subcontract Employer acknowledges that CHS may use personnel to provide <br />the CHS Services who are employed by a wholly -owned subsidiary of CHS. In such case, Employer <br />consents to CHS having such subcontract, provided CHS remains responsible for the duties under this <br />Agreement. <br />20. Miscellaneous <br />(a) All section and item headings are inserted for convenience only and do not expressly or by <br />implication limit, define or extend the specific terms of the section so designated. <br />(b) This Agreement and all Exhibits incorporated by reference contain the entire <br />understanding of the parties relating to the matters referred to herein and will be amended only by written <br />instrument signed by the parties to this Agreement. <br />(c) Any provision of this Agreement that is determined by any court of competent jurisdiction <br />to be invalid or unenforceable will not affect the validity or enforceability of any other provision of this <br />Agreement or the invalid or unenforceable provision in any other situation or in any other jurisdiction. <br />Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full <br />force and effect to the extent not held invalid or unenforceable. <br />(d) This Agreement will be construed in accordance with and governed by the laws of the <br />State of North Carolina, without giving effect to the conflict of laws provisions thereof. <br />(e) Neither party may assign any of its rights or obligations hereunder without the prior <br />written consent of the non - assigning party; provided, however, CHS shall have the right to assign this <br />Agreement to any affiliate of CHS upon prior notice to Employer. <br />(f) The failure by either party to promptly exercise a right hereunder, or to seek a remedy <br />available hereunder because of a breach of this Agreement, will not be construed as a waiver of that right <br />or a waiver of any remedy for that breach or any future breach of this Agreement. <br />(g) Nothing in this Agreement will be construed as creating or giving rise to any third parties <br />or any persons other than the parties hereto. <br />2015 -09845 On -Site Agt at Employer — Cabamxs County v.5 <br />F -3 Page 234 <br />
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