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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 /> (1) 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 /> 12 <br />