2015-498-E Housing - Silvia Lissette Saca for Spanish translation/interpretation services

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DocuSign Envelope ID:A70900D0-A55E-4E6C-87AE-D788DF2AC51 C (i) Independent Contractor. None of the provisions of this Agreement are intended to create, nor will they be deemed to create any relationship between the Parties other than that of independent parties contracting with each other solely for the purposes of effecting the provisions of'this Agreement and any other agreements between the Parties evidencing their business relationship This Agreement will be governed by the laws of the State of North Carolina. No change, waiver or discharge of any liability oi obligation hereundex on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall prohibit enforcement of any obligation, on any other occasion.. 0) Regulatory References A reference in this Agreement to a section in HIPAA, HITECH or the HIPAA Regulations means the section as it currently is in effect or as amended.. (k) Interpretation Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits Covered Entity to comply with the HIPAA Regulations The parties agree that, in the event that any documentation of the arrangement pursuant to which Business Associate provides services to Covered Entity contains provisions relating to the use or disclosure of Protected Health Information that are more restrictive than the provisions of this Agreement, the more restrictive provisions will control. the provisions of this Agreement are intended to establish the minimum requirements regarding Business Associate's use and disclosure of'Protected Health Information. (1) Sevembility In the event any part or parts of this Agreement are held to be unenforceable, the remainder of this Agreement will continue in effect In addition, in the event a pasty believes in good faith that any provision of this Agreement fails to comply with the then-current requirements of the HIPAA Security and Privacy Rule, such party shall notify the other,party in writing. For a period of up to (30)thirty days, the parties shall address in good faith such concern and amend the terms of this Agreement, if necessary to bring it into compliance IL after such thirty-day period, a party believes in good faith that the Agreement fails to comply with the HIPAA Security and Privacy Rule, then either party has the right to terminate upon written notice to the other party.. (m) Notices and Communications All instructions, notices, consents, demands, or other communications required or contemplated by this Agreement shall be in waiting and shall be delivered to the Patty at the address below: For Covered Entity: For Business Associate Orange County Housing,Human Rights & Community Development Silvia Lissette Saca AT IN:Marlyn Valeiko 103 N Crabtree Knoll 300 W Tryon Street Chapel Hill,NC 27514 Hillsborough NC, 27278 (n) Strict compliance. No failure by any Party to insist upon strict compliance with any terms or provisions of this Agreement, to exercise any option,to enforce any right, or to seek any remedy upon any default of any other Party shall affect, or constitute a waiver of, any Party's right to insist upon such strict compliance, exercise that option, enforce that right, or seek that remedy with respect to that default or any prior, or contemporaneous, or subsequent default No custom or practice of the Pasties at variance with any provisions of this Agreement shall affect, or constitute a waiver of, any Pasty's right to demand strict compliance with all provisions of this Agreement. (o) Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of North Carolina except to the extent that Nortb Carolina laws have been pre-erupted by HIPAA and without giving effect to principals of conflicts of law. Jurisdiction shall be Orange County, North Carolina, fox purposes of litigation resulting from disagreements of the Parties for purposes of this Agreement and the Service Agreement(s) 8 October 2013