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3 <br />a. Technical Support. UNCHCS shall make available to CLIENT <br />UNCHCS's technical support staff via UNC’s Service Desk or use of <br />UNC’s issue management solution (“Technical Support”) for the purpose <br />of answering questions and assisting in resolving problems regarding the <br />use of the EMR System, all subject to and in accordance with UNCHCS’s <br />standard practices and procedures for such technical support. Any issues <br />with the EMR System that cannot be resolved by UNCHCS’s EMR <br />support staff shall be escalated by UNCHCS to Epic. UNCHCS shall use <br />commercially reasonable efforts to coordinate an appropriate resolution of <br />such support issues with Epic. Notwithstanding the foregoing, CLIENT <br />acknowledges that UNCHCS is not the vendor of the EMR System, and <br />shall have no direct responsibility or liability for the correction of bugs, <br />errors, or other problems with the EMR System , or for any unavailability <br />of the EMR System caused by such problems, other than to escalate such <br />issues to Epic for resolution under the terms of support made available by <br />Epic. <br />b. System Availability. UNCHCS commits to maintain availability of the <br />EMR System for remote access and use by CLIENT on substantially the <br />same basis that UNCHCS makes the EMR System available to its internal <br />users. CLIENT acknowledges that from time to time, the EMR System <br />may be unavailable due to scheduled down time necessary to maintain <br />effective operation of the EMR System, and emergency downtime <br />required to correct problems or install emergency updates. Furthermore <br />UNCHCS does not control and shall have no responsibility or liability for <br />unavailability of the EMR System arising out of or resulting in whole or in <br />part from a failure of CLIENT’s systems, network or facilities, any misuse <br />or unauthorized modification of the EMR System or Client Equipment by <br />CLIENT, its personnel, or a third party, disruptions to telecommunications <br />systems or the Internet generally, force majeure events, or other events or <br />conditions outside of UNCHCS’s reasonable control. <br />c. System Updates. During the term of the Agreement, UNCHCS shall <br />require for remote access and use by CLIENT certain software updates <br />and new versions of the EMR System that Epic releases and UNCHCS <br />chooses to deploy for the EMR System (“System Updates”). System <br />Updates released by Epic to UNCHCS as part of Epic’s standard <br />maintenance and support plan shall be made available to CLIENT in <br />consideration of CLIENT’s payment of the annual maintenance fee, at no <br />additional charge. System Updates released by Epic outside of its <br />standard maintenance and support plan, such as new modules and add-ons, <br />may not be available to CLIENT without the payment of additional <br />license, maintenance and support fees, to the extent Epic requires payment <br />from UNCHCS in connection with such items. UNCHCS shall retain <br />ultimate discretion and control over determining which System Updates <br />will be deployed for the EMR System and the schedule for <br />implementation of such System Updates. All System Updates deployed <br />5