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B. Confidentiality. The Provider will comply with such confidentiality laws as may <br /> be applicable in the performance of this agreement and acknowledges that in <br /> receiving, storing, processing or otherwise dealing with any confidential <br /> information, Provider shall safeguard and not further disclose the information <br /> except as permitted by the Health Insurance Portability and Accountability Act of <br /> 1996, Public Law 104-191, as amended. <br /> 2. Payment: The County agrees to pay at the rates specified for Services satisfactorily <br /> performed in accord with this Agreement. The rates specified for the services shall be $62.00 <br /> per single view x-ray(71010)and$ 80.00 for a two view x-ray(71020). The total amount to <br /> be paid by the County shall not exceedThree Thousand Five Hundred Dollars, ($3,500). <br /> Payment shall be within thirty (30) days of an invoice properly submitted to County and <br /> mailed to the address provided above in Section 1. Should Provider fail to perform its duties <br /> under the terms of this Agreement, County may, without fault or penalty, withhold any <br /> payment associated with the work to be performed until such time as said work is completed. <br /> 3. Non—waiver: Failure by County at any time to require the performance by Provider of any <br /> of the provisions hereof shall in no way waive or affect the County's right hereunder to <br /> enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of <br /> any succeeding breach or a waiver of this Non-Waiver Clause. <br /> 4. Independent Contractor: The Provider shall operate as an independent Provider, and the <br /> County shall not be responsible for any of the Provider's acts or omissions. The Provider <br /> shall not be treated as an employee with respect to the Services performed hereunder for <br /> federal or state tax, unemployment or workers' compensation purposes. The Provider <br /> understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or <br /> paid by the County on behalf of the Provider or the employees of the Provider. The Provider <br /> understands that no benefits, including Worker's Compensation coverage, will be provided <br /> to him by the County. <br /> 5. Insurance. <br /> A. General Requirements. The Provider shall purchase and maintain during the <br /> period of performance of this Agreement Professional Liability Insurance, <br /> covering personal injury, bodily injury and property damage and claims arising <br /> out of or related to the performance under this Agreement by the Provider. <br /> B. Limits of Coverage. The Provider shall maintain professional liability insurance <br /> coverage with coverage of at least $1 million, per occurrence, $3 million <br /> aggregate while providing services to the County. <br /> C. Evidence of Insurance. Evidence of such insurance shall be furnished to the <br /> County, together with evidence that each policy provides the County with not <br /> less than thirty (30) days prior written notice of any cancellation, non-renewal or <br /> reduction of coverage. <br /> 6. Indermi : The Provider agrees to defend, indemnify, and hold harmless Orange County <br /> from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including <br /> reasonable attorney's fees) arising from bodily injury, including death, to any person or <br /> persons or damage to or destruction of any property caused in whole or in part by any <br /> negligent or intentional act or omission on the part of the Provider. <br /> Revised June 2012 2 <br />