Orange County NC Website
access or use of the Data Platform orthe Data unlawfvi,or Participant becomes ineligible to access <br /> or use the Data Platform orthe Data,then this Agreement will end immediately capon that change. <br /> c. Termination by Participant. Participant may terminate this Agreement for any or no reason sixty <br /> (60) days after providing written notice to N3CN of Participant's intent to terminate, provided <br /> Participant also terminates participation in and ceases all activities related to any programs <br /> covered by this Agreement. Termination of this Agreement will cause N3CN to de-authorize <br /> Participant and all Participant's Authorized Users from accessing the Data Platform and the Data. <br /> d. Termination by N3CN. N3CN may terminate this Agreement for any or no reason thirty(30)days <br /> after providing written notice to Participant of N3CN's intent to terminate. Termination of this <br /> Agreement will cause N3CN to de-authorize Participant and all Participant's Authorized Users <br /> from accessing the Data Platform and the Data. N3CN may terminate this Agreement immediately <br /> if it determines Participant has caused or allowed a Data Breach which would require notification <br /> to affected Individuals and the State. <br /> e. Survival of Data Obligations. In addition to any other survival terms in this Agreement,the Parties <br /> expressly acknowledge that termination of this Agreement will not and shall not be deemed to <br /> relieve any Party or its Authorized Users from maintaining the privacy and security of any Data <br /> accessed or used by or incorporated into that Party's systems and applications,and State-owned <br /> data may not be used for any purpose other than performing under this Agreement and may not <br /> be disclosed to any third party for any reason without the prior written permission of N3CN and <br /> the State. <br /> 18. Disclaimers. <br /> a. Clinical Decision Support and Information. The Data Platform and the Data may contain <br /> information, protocols, and input relating to clinical decision-making. The Parties mutually <br /> understand and agree that any such information,protocols,and input available through the Data <br /> Platform do not, and shall not be construed to act as, a substitute for a healthcare provider's <br /> professional judgment. THE PARTIES EXPRESSLY DISCLAIM ANY WARRANTY OF ACCURACY OR <br /> COMPLETENESS OF ANY DATA OR INFORMATION INPUT INTO THE DATA PLATFORM BY ANY <br /> PARTY,AUTHORIZED USER, OR ANY THIRD PARTY. PARTICIPANT AND EACH AUTHORIZED USER <br /> ASSUME ALL RISK AND RESPONSIBILITY FOR ITS USE OF SUCH DATA,INFORMATION, PROTOCOLS, <br /> AND INPUT OBTAINED FROM OR THROUGH THE DATA PLATFORM. N3CN DOES NOT <br /> RECOMMEND OR ENDORSE ANY PROVIDER OF HEALTHCARE OR HEALTHCARE RELATED <br /> PRODUCTS, ITEMS,OR SERVICES, AND NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO <br /> IMPLYANYSUCH ENDORSEMENT. <br /> b. External Networks, Devices, Carrier Lines, and Exchanges. Connections to external data <br /> repositories and information technology systems("Networks")may be made available through or <br /> in conjunction with the Data Platform to facilitate the storage and transmission of Data. External <br /> monitoring and alert devices("Peripherals")may also be made available through or in conjunction <br /> with the Data Platform to facilitate telehealth services. Participant hereby agrees and <br /> acknowledges that N3CN may access such Networks and Peripherals to facilitate various features <br /> in the Data Platform and that PHI may be stored and transmitted using such Networks and <br /> Peripherals. N3CN MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY <br /> Page 14 of 21 <br />