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AG 2012 09 17
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AG 2012 09 17
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Last modified
9/19/2012 8:08:08 AM
Creation date
11/27/2017 11:11:19 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/17/2012
Board
Board of Commissioners
Meeting Type
Regular
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-Support <br />Customer shall contact Customer Support at the telephone number set forth on Customer's <br />invoice if Customer becomes aware of misuse of the VPN Services by any person. <br />-Equipment and Software Considerations; Disclaimer of Liability <br />(a) ROUTERS AND OTHER HARDWARE AND ANY OTHER SOFTWARE OR PRODUCTS <br />SOLD, LEASED OR OTHERWISE PROVIDED BY TWC OR ITS AGENTS OR THIRD - <br />PARTY PROVIDERS IN CONNECTION WITH THE VPN SERVICES, ARE PROVIDED ON <br />AN "AS IS" BASIS. TWC MAKES NO EXPRESS OR IMPLIED WARRANTIES <br />WHATSOEVER WITH RESPECT TO ANY SUCH ITEMS SO PROVIDED, INCLUDING ANY <br />WARRANTY OF MERCHANTABILITY, NON - INFRINGEMENT, OR FITNESS FOR A <br />PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY <br />DISCLAIMED. <br />(b) For the avoidance of doubt, the warranty disclaimers and limitations of liability set forth in <br />Section 13 and Section 14 of the Terms and Conditions shall apply in favor of TWC's third - <br />party providers and partners and each of their affiliates, suppliers and resellers. <br />-VPN Services for Healthcare Customers <br />(a) TWC is not a Business Associate. TWC periodically receives inquiries regarding its <br />status under the Health Insurance Portability and Accountability Act of 1996 ( "HIPAA "), as <br />amended by the Health Information Technology and Clinical Health Act of 2009 ( "HITECH "). <br />TWC does not obtain any access to protected health information ( "PHI ") when providing the <br />VPN Services, other than on an infrequent basis as necessary for the performance of the <br />VPN Services, or as otherwise required by law. Therefore, TWC is not a "business <br />associate" or otherwise subject to HIPAA or HITECH in connection with such VPN Services. <br />(b) CUSTOMER SHALL BE SOLELY LIABLE FOR, AND SHALL INDEMNIFY, DEFEND <br />AND HOLD HARMLESS TWC AND ITS SUPPLIERS FROM AND AGAINST, ANY CLAIMS, <br />DAMAGES, LOSSES AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH <br />THE PROVISION OR RECEIPT OF MEDICAL ADVICE, MEDICAL TREATMENT, AND ANY <br />SIMILAR SERVICES USING THE VPN SERVICES, OR ANY FAILURE IN THE PROVISION <br />OF SUCH SERVICES OR ANY FAILURE OF THE VPN SERVICES. CUSTOMER SHALL <br />OBTAIN THE WRITTEN AGREEMENT OF ANY END USER OF THE VPN SERVICES <br />(E.G., ANOTHER OFFICE, CUSTOMER, PATIENT, ETC.) FULLY DISCLAIMING ON <br />BEHALF OF TWC AND ITS SUPPLIERS ANY LIABILITY ARISING OUT OF OR RELATING <br />TO SUCH MEDICAL ADVICE, MEDICAL TREATMENT, OR SIMILAR SERVICES, OR ANY <br />FAILURE IN THE PROVISION OF SUCH SERVICES OR ANY FAILURE OF THE VPN <br />SERVICES, PROTECTING THE RIGHTS OF TWC AND ITS SUPPLIERS, AND <br />DISCLAIMING WARRANTIES AND LIMITING LIABILITIES ON BEHALF OF TWC AND ITS <br />SUPPLIERS TO AT LEAST AS GREAT AN EXTENT AS THIS ATTACHMENT AND THE <br />TERMS AND CONDITIONS. CUSTOMER WILL BE RESPONSIBLE FOR OBTAINING ALL <br />NECESSARY WAIVERS AND PATIENT CONSENTS. <br />\NORTHVA - 068947/000023 - 529827 v2 <br />Attachment number 1 <br />F -4 Page 88 <br />
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