2019-303-E Emergency Svc - NCHIEA participation agreement

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4 2.06.Confidential Participant Information, for the purposes of this Agreement, shall mean proprietary or confidential materials or information of a Participant in any medium or format that Participant labels as such upon disclosure. Message Content and HIE Data is excluded from the definition of Confidential Participant Information because other provisions of this Agreement and the DURSA address the appropriate protections for Message Content and HIE Data. Notwithstanding any label to the contrary, Confidential Participant Information does not include Message Content; any information which is or becomes known publicly through no fault of a Receiving Party; is learned of by a Receiving Party from a third party entitled to disclose it; is already known to a Receiving Party before receipt from a Participant as documented by Receiving Party’s written records; or, is independently developed by Receiving Party without reference to, reliance on, or use of, Participant’s Confidential Participant Information. Confidential Participant Information includes the following types of information which are not subject to disclosure pursuant to the N.C. Public Records Act when in the possession or custody of the NC HIEA, but is not limited to: a.a Party’s designs, drawings, procedures, trade secrets as defined in N.C.G.S. §66-152 et seq., processes, specifications, source code, System architecture, security measures, research and development, including, but not limited to, research protocols and findings, passwords and identifiers, new products, and marketing plans; b. proprietary financial and business information of a Party; and c. information or reports provided by a Party to a Receiving Party in the performance of this Agreement. For purposes of this Section 2.06and 16, Submitter’s information shall include third party information deemed proprietary, or non-public, by Submitter or such third party. 2.07.Data Use and Reciprocal Support Agreement or DURSA shall mean the first restatement of the multiparty legal agreement that established a trust framework between the participants of the nationwide eHealth Exchange that was updated on September 30, 2014. NC HIEA will or has become a participant of the eHealth Exchange 2.08.Digital Credentials shall mean a mechanism that enables Participants to electronically prove their identity in order to connect to NC HealthConnex, to submit HIE Data to NC HIEA, and to Transact Message Content with other Participants. 2.09.Direct Secure Messaging shall mean the encrypted messaging service provided to Participants by the NC HIEA, a certified Health Information Service Provider, that allows Participants to communicate securely with other NC HealthConnex Participants or with other certified Direct Secure Message recipients. 2.10.DirectTrust means the collaborative non-profit association of health information technology and health care provider organizations to support secure, interoperable health information exchange via Direct Secure Message protocols. 2.11.Dispute shall mean any controversy, dispute, or disagreement arising out of or relating to this Agreement. 2.12.Effective Date shall mean the date on which the last of the following events occurs (i): the full execution of this Agreement by both the Parties, and (ii) the full execution of the Business Associate Agreement by the parties attached hereto as Attachment 5. 2.13.eHealth Exchange shall mean the nationwide health information network that allows participants to exchange data using an agreed upon set of national standards, services and policies developed by the DocuSign Envelope ID: 47B4445A-C7CA-4D2E-9075-2AFD82F82DEC