Orange County NC Website
Browse       Search
nature are intended to survive , shall survive any expiration or termination of this <br /> Agreement . <br /> 8 . Warranties . <br /> 8 . 1 By UNCHCS . UNCHCS represents and warrants to CLIENT that : (1) UNCHCS has <br /> 09 <br /> the full right, power and authority to enter into this Agreement, and (ii ) to <br /> UNCHCS ' s knowledge , the services provided to CLIENT under this agreement are <br /> not technically or functionally equivalent to items and services that CLIENT <br /> already possesses or has obtained . <br /> 8 . 2 By Client . CLIENT represents and warrants to UNCHCS that : (1) CLIENT has the <br /> full right, power and authority to enter into this Agreement ; and (ii ) the Client Data <br /> will not infringe or violate the rights of any third party including, but not limited to , <br /> intellectual property rights ; will not be abusive ; will not be defamatory or obscene ; <br /> and will not violate any applicable law and (ill <br /> CLIENT has not made and will not <br /> make the provision of the services provided to it under this agreement a condition <br /> of continuing to utilize the health facilities and services offered by UNCHCS and <br /> (v) the services provided to CLIENT under this agreement are not technically or <br /> functionally equivalent to items and services that CLIENT already possesses or has <br /> obtained . <br /> 8 . 3 DISCLAIMER . THE WARRANTIES STATED IN THIS SECTION 8 ARE THE <br /> ONLY WARRANTIES MADE BY THE PARTIES . THE PARTIES EXPRESSLY <br /> DISCLAIM ALL OTHER WARRANTIES , EXPRESS OR IMPLIED , <br /> INCLUDING , BUT NOT LIMITED TO , IMPLIED WARRANTIES OF TITLE , <br /> MERCHANTABILITY, ACCURACY AND FITNESS FOR A PARTICULAR <br /> PURPOSE . UNCHCS DOES NOT WARRANT THAT CLIENT ' S USE OF THE <br /> EMR SYSTEM SHALL BE UNINTERRUPTED OR ERROR- FREE . NO <br /> REPRESENTATION OR STATEMENT SHALL BE BINDING UPON UNCHCS <br /> AS A WARRANTY OR OTHERWISE UNLESS EXPRESSLY CONTAINED IN <br /> THIS AGREEMENT , <br /> 9 . Disclaimer and Limitation of Liability . <br /> 9 . 1 TO THE EXTENT ALLOWABLE BY NORTH CAROLINA LAW , IN NO <br /> EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST OR <br /> ANTICIPATED PROFITS , OR ANY INCIDENTAL , EXEMPLARY, SPECIAL , <br /> RELIANCE , CONSEQUENTIAL OR PUNITIVE DAMAGES , REGARDLESS <br /> OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF <br /> SUCH DAMAGES . TO THE EXTENT ALLOWABLE BY NORTH CAROLINA <br /> LAW, UNCHCS ' S ENTIRE LIABILITY TO CLIENT FOR DAMAGES UNDER <br /> OR RELATED TO THIS AGREEMENT , WHETHER BASED IN CONTRACT , <br /> TORT OR OTHERWISE , SHALL NOT EXCEED THE AMOUNT ACTUALLY <br /> PAID TO UNCHCS UNDER THIS AGREEMENT . CLIENT ' S ENITRE <br /> LIABILITY TO UNCHCS FOR DAMAGES UNDER OR RELATED TO THIS <br /> AGREEMENT , WHETHER BASED IN CONTRACT , TORT OR OTHERWISE , <br /> 11 <br />