2019-303-E Emergency Svc - NCHIEA participation agreement

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25 or prior knowledge of the Dispute to be resolved, and no prior work for or against either Party; and, b. The recommended mediators must have knowledge of the general subject matter of the Applicable Law; and, c. The recommended mediators must be able to execute and deliver a satisfactory confidentiality and non-disclosure agreement if information exempt from disclosure under N.C. Gen. Stat. §132- 1, et seq. is relevant or material to the matter to be resolved; and, d. Recommended mediators and their respective contact and qualification information shall be exchanged within five (5) days to each Party following the agreement to mediate; and e. Unless the Parties mutually agree to select a particular mediator, the selection of a mediator shall be determined by the mediator’s earliest available date to initiate mediation. Any agreement to mediate shall require the Parties to appear and mediate the matter in good faith in accordance with the schedule and calendar established by the Mediator; and, f. Provided, however, that this term shall not constitute an agreement by either Party to mediate or arbitrate any dispute; and that any agreement to mediate may be revoked or terminated without penalty therefore if so advised by the North Carolina Attorney General. 20.04. Activities During Dispute Resolution Process. Pending resolution of any Dispute under this Agreement, the Parties agree to fulfill their responsibilities in accordance with this Agreement, unless the Party voluntarily suspends its right to Transact Message Content in accordance with Section 19.02, is suspended in accordance with Section 19.03, or exercises its right to cease Transacting Message Content in accordance with Section 11.05(b). 20.05. Implementation of Agreed Upon Resolution. If, at any point during the Dispute Resolution Process, the Parties to the Dispute accept a proposed resolution of the Dispute, the Parties agree to implement the terms of the resolution in the agreed upon timeframe. 20.06. Reservation of Rights. If, following the Dispute Resolution Process, in the opinion of either Party, the mandatory Dispute Resolution Process failed to adequately resolve the Dispute, the Party or Parties may pursue any remedies available to it in a court of competent jurisdiction. 21. Publications. 21.01. Any Participant published or distributed reports, data, or other information that reference NC HIEA or NC HealthConnex shall contain a disclaimer statement to the following effect: Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the view and policies of NC HIEA. 21.02. NC HIEA may publish or arrange for the publication of information resulting from work carried out under this Agreement, and copyright any books, publications, films, or other copyrightable materials developed in the course of or resulting from work under this Agreement. 21.03. Upon Participant’s publication of materials resulting from HIE Data, Participant shall furnish a minimum of two copies of reprints to NC HIEA. 22. Notices. All Notices to be made under this Agreement shall be given in writing to the appropriate Participant’s representative at the address listed in Attachment 1, and shall be deemed given: (i) upon delivery, if personally delivered; (ii) upon the date indicated on the return receipt, when sent by the United States Postal Service Certified Mail, return receipt requested; and (iii) if by a form of electronic transmission, upon receipt when the Notice is directed to an electronic mail address listed on Attachment 1 and the sending electronic mail address receives confirmation of receipt by the electronic mail address. DocuSign Envelope ID: 47B4445A-C7CA-4D2E-9075-2AFD82F82DEC