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Docusign Envelope ID : 8C7DOF83-A844470B -BD7E-4C89FBF3FD2B <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 goverment 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 ternumation 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 /> NON4INFRINGEMENT. <br />