Access Terms and Conditions. Participant shall comply with the terms of this Agreement; SRHS policies and procedures governing SRHS Link access and use of and access to information technology resources, as they may be amended from time to time; and applicable state and federal laws regarding patient privacy and confidentiality, including but not limited to the Health Insurance Portability and Accountability Act and its accompanying regulations ("HIPAA"). Participant warrants that it is a "covered entity" and "healthcare provider" as such terms are defined in HIPAA, particularly at 45 CFR § 160.103, and shall notify SRHS immediately upon it ceasing to be either a covered entity or healthcare provider. Participant understands and acknowledges that Participant is authorized to utilize SRHS Link only for Permitted Purposes. Permitted Purposes shall mean treatment of, and care coordination for, patients under the care of Participant. Participant shall maintain appropriate policies and procedures to prevent unauthorized access, use and disclosure of information obtained through SRHS Link. Upon request Participant shall provide copies of such policies to SRHS. Participant shall regularly monitor and audit access to patient information and take reasonable steps to pursue, address and mitigate any privacy and security issues detected by such monitoring. SRHS has the right to audit Participant's and each Authorized User's access to SRHS Link, with or without notice, and Participant expressly consents to such monitoring. Participant agrees to indemnify and hold SRHS harmless from any damages or costs incurred by or asserted against SRHS arising from Participant's noncompliance with this Agreement or any access to SRHS Link by or through Participant, an Authorized User, or Participant's IT systems. Participant acknowledges that the SRHS Link system and software is protected by a variety of licensing agreements and laws and that any misuse of the SRHS Link system may subject Participant to legal liability. Participant acknowledges that SRHS may have additional rights and remedies available in law or equity in cases of a disclosure of trade secrets or proprietary information. Participant acknowledges that in the event of any breach of this Agreement or inappropriate use, access or disclosure related to SRHS Link or information obtained through SRHS Link, SRHS may seek such legal action and damages as may be allowable under applicable law.
Access Terms and Conditions. 7.1 Access to the Transnet Freight Rail network will be as described in Appendix 9 and as negotiated and agreed upon in writing between the Parties.
7.2 The range of the Access shall be as described in Appendix 9, after prior inspection and assessment by the Operator and finding it to be safe and suitable for steam and other Train operations subject to fire-risk level.
7.3 The Operator also undertakes and agrees that all Transnet Freight Rail Trains and Metrorail Trains take precedence over any Trains operated by the Operator.
7.4 The Operator acknowledges and accepts that Transnet Freight Rail does not have personnel at certain Stations as will be fully set out and described in Appendix 9 and the Operator will be obliged to provide any services at such Stations at its own cost, expense and risk.
7.5 The Operator acknowledges and accepts that SARCC no longer maintains the railway reserve to suit steam traction with the result that combustible vegetation proliferates on certain railway lines right up to the railway track. The Operator fully realises the serious fire risk that this poses for coal fired steam locomotives. This Agreement will be terminated immediately with written notice form Transnet Freight rail in the event of the Operator being proved negligent in the case of a fire.
7.6 On certain railway lines, which are no longer frequented by passenger Trains, the encroachment of bushes or trees into the railway reserve is also evident in places. Allowing passenger Trains over these "non- passenger" lines may be risky for passengers who lean out of windows. The Operator accepts therefore, that passenger Trains will not be allowed on such lines, unless the Operator carries the cost of repairing the right of way on such lines, safe for passenger Trains. Such repairs shall be done at the sole cost and expense of the Operator upon such terms and conditions and standards as agreed upon with the relevant owner of the railway line in question. The Operator indemnifies and holds Transnet Freight Rail Services harmless against any claim by any third party in respect of such repair costs and expenses.
7.7 Any derailment or Occurrence involving the Operator Rolling stock while on the Transnet Freight Rail or SARCC Networks will be managed and/or cleared by Transnet Freight Rail according to the Transnet Freight Rail and Metrorail Contingency Plans for the account of the Operator which was caused by the negligence of the Operator, which includes without limitation...
Access Terms and Conditions. Unless otherwise required under Applicable Law, each party acknowledges and agrees that Section 8.1 shall be subject to the following terms and conditions: (i) the requesting party must provide the other party with at least thirty (30) days prior notice for any access request, and such notice shall contain the name and title of each Person who requires access, and a description of records required and the requirement for access under Applicable Law;
Access Terms and Conditions. This agreement (the "Agreement") represents the complete agreement and understanding between the American Student Achievement Institute (ASAI) and the User (the "User") and supersedes any other written or oral agreement. The American Student Achievement Institute reserves the right to, without prior notice, modify this Agreement as well as discontinue or change services offered. If you do not want to register an account and become an ASAI User, do not complete an ASAI account application. By completing an ASAI account application, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. Service Eligibility: To be eligible to use any ASAI Online System, the user agrees to 1) not violate any rights of ASAI including intellectual property rights, and 2) not submit information that includes copyrighted materials without proper citation.
