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a. Technical Support. UNCHCS shall snake 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 maj eure 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 /> 3 <br />