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11 <br /> <br />at the appropriate time during or at the completion of the Onboarding process. The HIE Features are <br />subject to NC HIEA Policies and Procedures, which shall be available on the NC HIEA website. <br />a. NC HIEA reserves the right in its sole discretion to amend the HIE Features and shall have no <br />liability to Participant or its Authorized Users for or arising out of such discontinuance of HIE <br />Features. Participant is also entitled to receive support and maintenance as part of this Agreement <br />and such Technical Support is described in Attachment 10 provided that Participant is not in <br />default of this Agreement. <br />b. NC HIEA, along with any successors or assignees, shall not discontinue any offering that enables <br />Participant to submit HIE Data to NC HIEA for as long as it is required by Applicable Law, unless <br />otherwise permitted by Section 19 (Term, Suspension & Termination) of this Agreement. <br />5.02. Fees. <br />a. Pursuant to N.C.S.L. 2015-241, s. 12A.5, NC HIEA shall gradually become and remain one <br />hundred percent (100%) receipt-supported. In consideration of the rights and obligations of the <br />Parties hereunder, Participant shall pay to NC HIEA the fees set forth on the Fee Schedule <br />attached hereto as Attachment 8 and incorporated herein by reference, at the times and in the <br />manner, and subject to all other terms and conditions, as are set forth on such Fee Schedule, <br />without notice or demand therefor, and without deduction or offset therefrom. <br />b. Upon written Notice by NC HIEA to Participant at least one hundred eighty (180) days before <br />the end of the initial term of this Agreement or the then current renewal term, NC HIEA reserves <br />the right in its sole discretion to charge fees or to increase or decrease fees pursuant to this <br />Agreement. NC HIEA shall have no liability to Participant for or arising out of such decision to <br />charge, increase, or decrease in fees, provided any such change in fees shall only be effective for <br />an extension or renewal of the then current term. <br />6. NC HIEA and the NC HIEA Advisory Board <br />6.01. NC HIEA Authority. NC HIEA has duties to provide oversight, facilitation and support for NC <br />HealthConnex and Participants by conducting activities including, but not limited to, the following: <br />a. Performing HIE Operations; <br />b. Establishing and modifying the clinical and demographic data elements for services paid for with <br />Medicaid, State Health Plan, or other State funds within the defined Targeted Data Standards, <br />provided that Participants shall be given reasonable advance notice of any modification of <br />Targeted Data Standards, and such standards shall be consistent in all respects with the <br />requirements of N.C.G.S. 90-414.4, and otherwise permitted under all Applicable Laws. <br />c. Developing and amending the NC HIEA Policies and Procedures in accordance with Section 9 <br />of this Agreement; <br />d. Receiving reports of HIPAA Breaches or Security Breaches and acting upon such reports in <br />accordance with Section 14 of this Agreement (Breach Notification); <br />e. Suspending or terminating Participants in accordance with Section 19 of this Agreement <br />(Suspension and Termination); <br />f. Resolving Disputes with and between Participants in accordance with Section 20 of this <br />Agreement (Dispute Resolution); <br />g. Managing the amendment of this Agreement in accordance with Section 24.03 of this <br />Agreement; <br />h. Evaluating requests for the introduction of technical specifications into the production <br />environment used by the Participants to submit HIE Data or to Transact Message Content; <br />DocuSign Envelope ID: 47B4445A-C7CA-4D2E-9075-2AFD82F82DEC