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2 <br />3. Provision of EMR System. <br />3.1 Implementation. As soon as practicable following the Effective Date, UNCHCS <br />shall provide the services necessary to implement CLIENT's access to the EMR <br />System, in accordance with this agreement and any attachments hereto. <br />3.2 Training. UNCHCS shall provide to CLIENT training at UNCHCS's facilities for <br />Authorized Users regarding use of the EMR System at mutually agreed upon <br />times and dates in accordance with a written training plan (the “Training <br />Services”). <br />3.3 Grant of Access to EMR System. Subject to the terms and conditions of this <br />Agreement, UNCHCS hereby grants to CLIENT a non-exclusive, non- <br />transferable, non-sublicensable license to remotely access and use the EMR <br />System, solely for storing, processing and displaying medical records and other <br />information, images and content related to the provision of healthcare to patients <br />of CLIENT, in accordance with the Epic user documentation, and in compliance <br />with all applicable laws and regulations, including, without limitation, <br />requirements set forth in rules and regulations promulgated under the <br />Administrative Simplification provisions of the Health Insurance Portability and <br />Accountability Act of 1996, as amended (collectively, “HIPAA”), and further <br />subject to the Recovery and Reinvestment Act of 2009, including its provisions <br />commonly known as the HITECH Act and rules and regulations promulgated <br />thereunder, as may be amended from time to time (“HITECH”) as well as any <br />other federal, state or local laws, rules and regulations protecting the <br />confidentiality, privacy and security of Patient Records, protected health <br />information (PHI) and other confidential, proprietary, sensitive or personal <br />information (regardless of form or format, and whether or not obtained hereunder) <br />(collectively, “Applicable Law”), the terms and conditions set forth in this <br />Agreement, and UNCHCS’ duties and obligations to its Patients. For purposes of <br />this Agreement, “treatment” and “payment” shall have the same definitions as <br />those in HIPAA and HITECH (see 45 CFR 164.501). Access to and use of the <br />EMR System under the foregoing license is strictly limited to the medical <br />providers (each a “Medical Provider”) set forth in Exhibit A and their office <br />administrators, secretaries and nurses, and other support staff determined by <br />CLIENT to require access (collectively “Authorized Users”). The number of <br />Authorized Users accessing the EMR System concurrently may not exceed the <br />maximum number listed on Exhibit A. CLIENT shall only request access to the <br />EMR System for a Medical Provider who (1) is duly licensed to practice medicine <br />or their particular allied health profession, or has received such other license or <br />certification as required by applicable law to provide any other applicable <br />category of health services in the State of North Carolina; and (2) has been <br />credentialed by CLIENT in accordance with CLIENT’s policies and applicable <br />law. <br />3.4 Maintenance. UNCHCS shall provide the following maintenance and support <br />services (the “Maintenance and Support Services”): <br />4