Orange County NC Website
Browse       Search
10 <br />a. to notify Client immediately in writing of the existence, terms, and circumstances surrounding <br />such request; and <br />b. provide Client thirty (30) days prior notice before furnishing the stored material to enable <br />Client an opportunity to challenge the subpoena or court order, and to furnish only such <br />portion of the Stored Material as it is legally compelled to disclose. <br /> <br />15. NOTICES-All notices under this agreement shall be in writing. Unless delivered personally, all notices <br />shall be addressed to the appropriate addresses noted herein, or as otherwise designated in writing. Notices <br />shall be deemed to have been delivered five (5) days after being deposited in the United States mail, <br />postage prepaid, certified mail, return receipt requested, addressed to the parties at the respective addresses <br />set forth on page one, or to such other addresses as the parties may have designated by written notice to <br />each other. <br /> <br />16. MISCELLANEOUS-All schedules, if any, attached hereto are hereby incorporated by reference and made <br />a part hereof. The term “agreement” as used herein shall be deemed to include all such schedules. All <br />words and phrases in this agreement shall be construed to include the singular or plural number, and the <br />masculine, feminine or neuter gender, as the context requires. This agreement (together with any schedules <br />attached and documents incorporated herein) constitutes the entire agreement between the parties, oral or <br />written between the parties. This agreement may not be assigned by Client without the consent of <br />Company. No modification of this agreement, except changes to Company’s rate schedule, as provided for <br />herein, shall be binding unless in writing, attached hereto, and signed by the party against which it is sought <br />to be enforced. No waiver of any right or remedy shall be effective unless in writing and nevertheless, shall <br />not operate as a waiver of any other right or remedy on a future occasion. Every provision of this <br />agreement is intended to be severable. If any term or provision is illegal, invalid or unenforceable, there <br />shall be added automatically as part of this agreement, a provision as similar in terms as necessary to render <br />such provision legal, valid and enforceable. This agreement shall be governed by and construed in <br />accordance with the laws of the State of North Carolina. Client agrees that any action or proceeding arising <br />out of or related in any way to this agreement shall be brought solely in a Court of competent jurisdiction <br />sitting in Pittsboro, Chatham County, North Carolina. Company and Client hereby irrevocably and <br />unconditionally consent to the jurisdiction of such court and hereby irrevocably and unconditionally waive <br />any defense of an inconvenient forum to the maintenance of any action or proceeding in such court, any <br />objection to venue with respect to any such action or proceeding and any right of jurisdiction on account of <br />the place of residence or domicile of any party thereto. Nothing in this agreement shall be deemed or <br />construed to constitute or create a partnership, association, joint venture, or agency between the parties <br />hereto. Each party to this agreement has the right to terminate the same upon 30 days notice. <br /> <br />17. HIPAA. The Parties hereby agree to the terms and conditions of the Business Associate agreement, <br /> attached as Exhibit A and fully incorporated herein. <br /> <br />Medicare Access to Records. Each party shall keep, and allow the other party reasonable access to, full and accurate <br />books and records of all services rendered hereunder. Further, to the extent required by Section 1395x(v)(1)(I) of <br />Title 42 of the United States Code, until the expiration of four years after the termination of this agreement, <br />Company shall, upon written request, make available to the Secretary of the United States Department of Health and <br />Human Services, or to the Comptroller General of the United States General Accounting Office, or to any of their <br />duly authorized representatives, a copy of this agreement and such books, documents, and records as are necessary <br />to certify the nature and extent of the costs of the services Company provided under this agreement. <br />CLIENT STARPOINT GLOBAL SERVICES <br /> <br />Name:___________________________ Name: Claiborne Brinkley <br /> <br />Signature:________________________ Signature:________________________ <br /> <br />Title: ____________________________ Title: SVP <br /> <br />Date:____________________________ Date:____________________________ <br />DocuSign Envelope ID: 2A625151-A0A5-4550-AF52-91CBC3DDBC3C