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12 <br />SHALL NOT EXCEED THE AMOUNT ACTUALLY DUE AND OWING TO <br />UNCHCS UNDER THIS AGREEMENT AT THE TIME OF THE <br />OCCURRENCE GIVING RISE TO SUCH CLAIM. THE FOREGOING <br />LIMITATIONS SHALL NOT APPLY IN CASES OF INDEMNIFICATION OR <br />BREACH OF THE CONFIDENTIALITY PROVISIONS OF THIS AGREEMENT <br />OR BREACH OF THE PROVISIONS OF THE BUSINESS ASSOCIATE <br />AGREEMENT. <br />10. HIPAA Compliance <br />10.1 The parties to this Agreement shall comply with all applicable state and federal <br />laws and regulations regarding confidentiality of patient records, including but not <br />limited to the Health Insurance Portability and Accountability Act of 1996 and the <br />Privacy and Security Standards (45 C.F.R. Parts 160 and 164) and the Standards for <br />Electronic Transactions (45 C.F.R. Parts 160 and 162) (collectively, the <br />“Standards”) promulgated or to be promulgated by the Secretary of Health and <br />Human Services on and after the applicable effective dates specified in the <br />Standards. All medical information and data concerning specific patients, including <br />but not limited to the identity of the patients, derived from the business relationship <br />set forth in this Agreement shall be treated and maintained in a confidential manner <br />by all parties to this Agreement and shall not be released, disclosed, or published to <br />any party other than as required or permitted under applicable laws. The parties <br />agree to be bound by the terms and conditions of the Shared Access Agreement and <br />the Business Associate Agreement attached hereto as Exhibits B and C, <br />respectively. <br />11. Confidentiality. <br />11.1 Confidentiality. Except as otherwise provided in the Business Associate Agreement, <br />each party shall retain in confidence and shall not, without the prior written consent <br />of the other party (the “Disclosing Party”), disclose in any manner or use, except in <br />performance of its obligations or enjoyment of its rights under this Agreement, any <br />information disclosed to a party (the “Receiving Party”) by the Disclosing Party and <br />either marked at the time of disclosure as being confidential or identified in writing <br />by the Disclosing Party within thirty (30) days of disclosure to the Receiving Party <br />as being confidential (“Confidential Information”). The EMR System and the <br />corresponding documentation shall be deemed Confidential Information of <br />UNCHCS and Epic, regardless of how marked or identified. This Section shall <br />impose no obligation upon the Receiving Party with respect to any information that: <br />(i) is publicly available at the time received by Receiving Party; (ii) becomes <br />publicly available other than by breach of the Receiving Party's obligations <br />hereunder; (iii) is known to the Receiving Party prior to receipt from the Disclosing <br />Party; (iv) is received by Receiving Party from a third party if such third party has <br />the right to make such disclosure; (v) is independently developed by the Receiving <br />Party without use of Confidential Information; or (vi) is required to be disclosed by <br />law, including but not limited to the North Carolina Public Records Act. <br />14