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Docusign Envelope ID:8C7DOF83-A844-47OB-BD7E-4C89FBF3FD2B <br /> 12 <br /> protocols as developed by the IAED. <br /> 1.8 Technical Issue. If the QPR is unable to complete the case reviews or associated reporting due to a <br /> customer-related technical issue, the QPR and PDC will only be responsible for a reasonable time of <br /> case review volume from the date of the identification of the problem/issue. Once all technical issues <br /> have been resolved QPR will begin from that day forward and will not include any more than 2 weeks <br /> of downtime for which case review was not conducted. <br /> 1.9 Failure to use MPDS.The Agreement shall terminate immediately if the Customer no longer uses the <br /> MPDS. <br /> 1.10 Additional and Specific Terms. <br /> (1) Confidentiality.The Parties shall comply with all applicable government confidentiality <br /> regulations and restrictions.A Party may not publicly release any personally identifying <br /> information unless authorized by applicable law. A Party may not share or further distribute the <br /> AQUA®data or other information shared hereunder,without the express written permission of the <br /> other Party. <br /> (2) Rights in the Calls and Associated Data.Notwithstanding anything to the contrary contained <br /> herein,PDC may use the calls,and data associated with the calls,for publications,research, <br /> statistical purposes,and training as long as all personally identifying information is removed. <br /> (3) Intellectual Property.Each Party acknowledges and understands that the copyrights,patents, <br /> trade secrets,trademarks,and other intellectual property,including derivatives and rights thereof, <br /> belonging to a Party are and shall remain the sole and exclusive property of that Party.This section <br /> shall survive termination or expiration of the Agreement. <br /> (4) Limit of Liability.IT IS UNDERSTOOD AND AGREED BY CUSTOMER THAT PDC DOES <br /> NOT GUARANTEE OR INDEMNIFY,NOR SHALL PDC BE RESPONSIBLE FOR ANY <br /> LIABILITY,DAMAGES,OR EXPENSES SUFFERED OR INCURRED BY CUSTOMER <br /> ARISING UNDER THIS AGREEMENT. CONSEQUENTLY,PDC MAKES NO <br /> REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ITS SERVICES HEREUNDER <br /> AND DISCLAIMS ALL IMPLIED WARRANTIES,INCLUDING LIMITATION, <br /> WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND <br /> NON-INFRINGEMENT. <br />