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<br />suspend its participation; therefore, Participants may not rely upon the availability of HIE Data or a
<br />particular Participant’s Message Content.
<br />17.02. Incomplete Medical Record. Each Participant acknowledges that HIE Data or Message Content
<br />Transacted by Participants may not include the individual’s full and complete medical record or
<br />history. Such HIE Data or Message Content will only include that data which is the subject of the
<br />Message and available for exchange among Participants.
<br />17.03. Patient Care. HIE Data or Message Content obtained through NC HealthConnex is not a substitute
<br />for any Participant, if that person/entity is a Health Care Provider, obtaining whatever information
<br />he/she/it deems necessary, in his/her professional judgment, for the proper treatment of a patient.
<br />The Participant, if he/she/it is a Health Care Provider, shall be solely responsible for all decisions
<br />and actions taken or not taken involving patient care, utilization management, and quality
<br />management for his/her/its respective patients and clients resulting from, or in any way related to,
<br />the use of the NC HealthConnex, HIE Features, and NC HIEA Policies and Procedures agreed to by
<br />the Participants pursuant to this Agreement or the HIE Data or Message Content made available
<br />thereby. By executing this Agreement or Transacting Message Content, neither Participant,
<br />Participating Entity, or an Authorized User assumes any responsibility or liability for the health care
<br />services provided by any other Participant, Participating Entity, or Authorized User to a patient.
<br />17.04. Carrier lines. All Participants acknowledge that the submission of HIE Data to NC HIEA or the
<br />Transaction of Message Content between Participants is to be provided over various facilities and
<br />communications lines, and information shall be transmitted over local exchange and Internet
<br />backbone carrier lines and through routers, switches, and other devices (collectively, “carrier lines”)
<br />owned, maintained, and serviced by third-party carriers, utilities, and Internet service providers, all
<br />of which may be beyond the Participants’ control. Provided a Participant uses reasonable security
<br />measures, no less stringent than those directives, instructions, and specifications contained in this
<br />Agreement and the NC HIEA Policies and Procedures, the Participants assume no liability for or
<br />relating to the integrity, privacy, security, confidentiality, or use of any information while it is
<br />transmitted over those carrier lines, which are beyond the Participants’ control, or any delay, failure,
<br />interruption, interception, loss, transmission, or corruption of any HIE Data, Message Content, or
<br />other information attributable to transmission over those carrier lines which are beyond the
<br />Participants’ control. Use of the carrier lines is solely at the Participants’ risk and is subject to all
<br />Applicable Law.
<br />17.05. No Warranties. EXCEPT AS REPRESENTED IN SECTIONS 15.05 AND 15.06, HIE DATA
<br />AND MESSAGE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY
<br />WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
<br />THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
<br />PURPOSE, AND NONINFRINGEMENT. IT IS EXPRESSLY AGREED THAT IN NO EVENT
<br />SHALL THE PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR
<br />EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR
<br />REVENUES, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, WHETHER A CLAIM
<br />FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT,
<br />BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
<br />THEORIES OF LIABILITY, EVEN IF THE PARTIES HAVE BEEN APPRISED OF THE
<br />POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. THE PARTIES
<br />DISCLAIM ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF
<br />SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION
<br />SERVICE PROVIDERS OR OTHER THIRD PARTIES.
<br />18. Liability.
<br />DocuSign Envelope ID: 47B4445A-C7CA-4D2E-9075-2AFD82F82DEC
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