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OF ANY PARTICULAR NETWORKS OR CARRIER LINES OR PERIPHERALS OR ANY PARTICULAR DATA
<br /> SOURCE OR NETWORK PARTICIPANT OR DEVICE MANUFACTURER.PARTICIPANT ACKNOWLEDGES
<br /> THAT ACCESS TO THE SYSTEM WILL BE PROVIDED OVER VARIOUS FACILITIES AND
<br /> COMMUNICATION LINES, AND INFORMATION WILL BE STORED ON REMOTE SERVERS,
<br /> REPOSITORIES,AND STORAGE MEDIA AND TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET
<br /> BACKBONE CARRIER LINES AND MOBILE NETWORKS AND THROUGH ROUTERS, SWITCHES,AND
<br /> OTHER DEVICES OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES,
<br /> AND SERVICE PROVIDERS,ALL OF WHICH ARE BEYOND N3CN'S CONTROL.ATANYTIME,SERVERS,
<br /> REPOSITORIES, PERIPHERALS, DATA SOURCES, AND OTHER NETWORK PARTICIPANTS MAY BE
<br /> ADDED OR DELETED WITHOUT PRIOR NOTICE. PARTICIPANT ACKNOWLEDGES AND AGREES THAT
<br /> AT ANY TIME AND WITHOUT PRIOR NOTICE, A DATA SOURCE MAY ELECT NOT TO SEND OR
<br /> RECEIVE DATA OR MESSAGES AND A PERIPHERAL MAY NO LONGER BE AVAILABLE IN
<br /> CONJUNCTION WITH THE DATA PLATFORM. IN ADDITION, N3CN HEREBY DISCLAIMS ANY
<br /> LIABILITY FOR OR RELATING TO:(I)THE INTEGRITY,PRIVACY,SECURITY,CONFIDENTIALITY,OR USE
<br /> OF ANY INFORMATION OR DATA WHILE IT ISTRANSMrrrED VIA CARRIER LINES;OR(II)ANY DELAY,
<br /> FAILURE, INTERRUPTION, INTERCEPTION, LOSS,TRANSMISSION,OR CORRUPTION OF ANY DATA
<br /> OR INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES, USE OF THE
<br /> CARRIER LINES IS SOLELY AT THE RISK OF PARTICIPANT AND ITS AUTHORIZED USERS, AND IS
<br /> SUBJECT TO ALL APPLICABLE LOCAL,STATE,AND NATIONAL LAWS.
<br /> c. Data Platform Services and Software. THE DATA PLATFORM IS PROVIDED ON AN "AS IS" BASIS
<br /> ONLY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, N3CN DOES NOT REPRESENT
<br /> OR WARRANT THAT THE DATA PLATFORM WILL MEET THE REQUIREMENTS OF ANY PERSON OR
<br /> ENTITY OR WILL OPERATE ERROR-FREE OR CONTINUOUSLY, AND N3CN MAKES NO OTHER
<br /> REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY
<br /> WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THE PARTIES AGREE
<br /> THAT NO AGREEMENTS, REPRESENTATIONS, OR WARRANTIES OTHER THAN THOSE EXPRESSLY
<br /> SET FORTH IN THIS AGREEMENT HAVE BEEN MADE, AND THAT NO FUTURE AGREEMENT,
<br /> REPRESENTATION, OR WARRANTY UNDER THIS AGREEMENT SHALL BE EFFECTIVE UNLESS
<br /> EXPRESSLY STATED IN AN AMENDMENT TO THIS AGREEMENT.
<br /> d. Patient Information. PATIENT INFORMATION THAT MAY BE PROVIDED TO PARTICIPANT AND
<br /> THEIR AUTHORIZED USERS THROUGH THE DATA PLATFORM ARE BEING PROVIDED "AS IS"AND
<br /> "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WHETHER
<br /> STATUTORY OR COMMON LAW, ARISING FROM COURSE OF DEALING, OR OTHERWISE,
<br /> INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, NON-
<br /> INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NO PARTY WARRANTS THAT THE
<br /> PERFORMANCE OF ITS SYSTEM OR THE DATA PLATFORM OR THE DELIVERY OF PATIENT
<br /> INFORMATION WILL BE TIMELY, UNINTERRUPTED,OR ERROR FREE.
<br /> 19. Limitations of Party Liability. This provision is not meant to and shall not be deemed to limit the
<br /> applicabilityof the North Carolina Tort Claim5 Act and any immunities available togovernment entities
<br /> thereunder,including any sovereign immunity claim. Subject to the limitations described below,each
<br /> Party agrees to be liable for all actions and failures to act of its Representatives,Participating Entities,
<br /> and Authorized Users,including with respect to Participant any unauthorized access or use of Data or
<br /> the Data Platform by anyone using facilities, equipment, or software owned, leased, controlled, or
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