Orange County NC Website
Browse       Search
5. Assigns.Neither this Agreement nor any of the rights,benefits, duties, or obligations provided herein may <br /> be assigned by any party to this Agreement without the prior written consent of the other party. <br /> 6. Third Party Beneficiaries.Nothing in this Agreement shall be deemed to create any rights or remedies in <br /> any third parry. <br /> 7. Interpretation.Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits the <br /> Covered Entity and/or Business Associate, as applicable,to comply with HIPAA. <br /> 8. Notices. Any notice given under this Agreement must be in writing and delivered via first class mail,via <br /> reputable overnight courier service, or in person to the parties'respective addresses as first written above or <br /> to such other address as the parties may from time to time designate in writing. <br /> 9. Waiver. The failure of the Covered Entity to require compliance by the Business Associate with any provisions <br /> of this Agreement or the waiver by the Covered Entity of any breach of this Agreement shall not constitute a <br /> waiver of any claim for damages by the Covered Entity for any breach of this Agreement or a waiver of any <br /> other required compliance with this Agreement. <br /> 10. Governing Law and Jurisdiction. This Agreement and duties, responsibilities, obligations, and rights of <br /> respective parties hereunder shall be governed by applicable federal laws and to the extent not pre-empted by <br /> federal laws,the State of North Carolina. Any and all suits or actions to enforce, interpret or seek damages with <br /> respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the <br /> state and federal courts located in Orange County and the Middle District of the State of North Carolina, United <br /> States of America. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to <br /> such suits or actions. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such <br /> suit or action. If any provision of this Agreement is determined to be unenforceable or invalid, such <br /> determination shall not affect the validity of the other provisions contained in this Agreement. <br />