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proprietary to Caremark. Further, all Caremark databases, as well ae the software, hard coding, and logic used to
<br />generate the compilations of information contained in Caremark's Claims adjudication system and in all other databases
<br />developed by Caremark or its designees in connection with performing Services including idendfters assigned by
<br />Caremark, and the format of pi reports, printouts, and copies them from, and any prior and fltttue vereioas thereof by
<br />any name, are the property of Caremark and are protected by copyright which shall be owned by Caremark.
<br />5.7 Tradeaama; Trademarks; and Service Marks. None of the parties hereto may use any
<br />tradenemea, trademarks or service marks of another, or any ward or symbol likely to be confused with ouch ttadeaames,
<br />trademarks or service marks, tmless authorized in writing or ea expressly permitted by this Agreement.
<br />5.8 Remedlea. Any unauthorized disclosure or use of Confidential Iafom>ation would cause Caremark,
<br />Member County or Customer immediate end irreparable injury or lose that cannot be adequately compensated with
<br />money damages. Accordingly, if any party hereto fails to comply with this Section 5, the other(s) will be entitled to
<br />specific performance including imrnediace issuance of a temporary restraining order or preliminary igjuaction enforcing
<br />Wie Agreement, and to judgrtCertt for damages (including reaaomble attorneys' fees) caused by the breach, and to any
<br />other remedies provided by Ltw.
<br />6. LIMITATION OF LL4HII.17'Y; COMPLIANCE WI17i LAW.
<br />6.1 Warranty... This Agreement is trot a contract for the sale of goods. Careaark will perform the
<br />Services in a good and workmanlike maoner in accordance with the customs, practices, and etandarda of providers
<br />skilled is the industry. EXCEPT AS WARRANTED IN THIS SECTION 6.1, CAREMARK DISCLAIMS ALL
<br />EXPRBS3 AND ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING THH SUITABILITY FOR ANY
<br />PARTICULAR PURPOSE OF THB DATA GENERATED THROUGH THE CAREMARK SYSTEM. CAREMARK
<br />RELIES ON FIRST DATABANK, MEDI-SPAN, OR INDUSTRY COMPARABLE DATABASES IN PROVIDING
<br />CUSTOMER, MEMBER CQUNTY AND PARTICIPANTS WTfH DRUG UTII.IZATION REVIEW SERVICES.
<br />CARBMARK HAS UTII.IZBD DUE DH,IGENCB IN COLLECTING AND REPORTING THE INFORMATION
<br />CONTAINED IN THE DATABASES AND HA3 OBTAINED SUCH INFORMATION FROM SOURCES
<br />BELIEVED TO BE RELIABLE. CAREMARK, HOWEVER, DOES NOT WARRANT THE ACCURACY OF
<br />REPORTS, ALERTS, CODES, PRICES, OR OTHER DATA CONTAINED IN THE DATABASES. THE CLINICAL
<br />INFORMATION CONTAIIVi3D IN THE DATABASES AND THE FORMULARY IS INTENDED AS A
<br />SUPPLEMENT TO, AND NOT A SUBSTITUTE POR, THE KNOWLEDGE, EXPERTISE, SKILL, AND
<br />JUDGMENT OF PHYSICIAI+iS, PHARMACISTS, OR OTHER HEALTH-CARE PROFESSIONALS INVOLVED IN
<br />PARTICIPANT'S CARB. TBB ABSENCE OF A WARNING FOR A GIVEN DRUG OR DRUG COMBINATION
<br />SHALL NOT BE CONSTRUED TO INDICATB THAT THE DRUG OR DRUG COMBINATION IS SAFE,
<br />APPROPRIATE OR EFFEC'CIVE FOR ANY PARTICII+ANT. CAREMARK DOES NOT WARRANT THAT ITS
<br />SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
<br />6.2 Farce MaJeSrre. Except for the paymmtt obUgadona set forth is Secfloa 2 of this Agreement, the
<br />parties are excused t'rom perfun~snce under this Agreement ce the extent that a party is prevented from performing any
<br />obligation, in whole or in pats, as a result of oases beyond its reaaonabk control, including, acts of God, war, civil
<br />diaturbaaw, court order, govgtmrtentst intervention, Change in Law, notyterfomtanca by the other party or any third
<br />party, failtaea or fluctuations in electrical power, heat, light, air conditioning, or celecomm~micationa equipment. Any
<br />ao~erformance under this Section 6.2 wlll not conadtuce a default or a ground for termination of this Agreement.
<br />6.3 Indemnity. '; To the extent permitted by applicable Law applicable ce Customer and each Member
<br />County, Customer and Member County shall indemnity and hold harmless Caremark sad its oft5cers, dirocton,
<br />employees, agents, 8u00088afa~ Bad a991gne ("Caremark Iademaicea'~ for, from and against any damages, coati, or
<br />attomey'e fees, actually inctnted by Caremark or a Caremark Iademnicee, u the result of a third party claim that
<br />Customer or Member County ib oftlcen, dircccera, employees, agents, successors, or assigns acted with negligence,
<br />willfully, and/or in violation of applicable standards of care, provided that the Caromark Indemoittx has acted in a
<br />manner that is comiscent with this Agreement, the Consumer Card Program and applicable acendarda of care. The
<br />forgoing indemnification shill not apply and shall not be enforceable to the extent any applicable Law prohibits e
<br />Member County from providing such indemnification. To the extent permitted by applicable Lew, Caremark shell
<br />indemnify and hold harmless Member County, Customer end their officers, directors, employees, agents, successors,
<br />end assigns (collectively "Customer lndemoiteea") for, from and against any damages, coats, or attorney's fees, actually
<br />This document eanuins proprietary infomution of Carcnurk, and may not be uwd for any purpose other than to
<br />with Carcrtark, nor may it be duplicated or disclwed to othm for my purpaw.
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