Aggregate Data and Benchmarking Sample Clauses

Aggregate Data and Benchmarking. Notwithstanding anything to the contrary in this Agreement, EZDERM may aggregate or deidentify Medical Practice Data, create statistical reports, benchmarking and other data reports and solutions relating to the Software or the Subscription utilizing transaction data and usage data, so long as such aggregated date sets, reports, and solutions contain only anonymous data that does not identify Medical Practice, a specific Authorized User, and has been deidentified in accordance with HIPAA (“Aggregate Data”). Notwithstanding any other limitation set forth herein, EZDERM shall full ownership, right, and title to the Aggregate Data (including derivatives thereof) and may report, deliver, publish, and sell such Aggregate Data to third parties or use such Aggregate Data without limitation for any lawful purpose. EZDERM may, from time to time, offer benchmarking programs to facilitate deeper analysis into commercial trends for companies wishing to participate. If applicable, EZDERM will use commercially reasonable efforts to operate benchmarking programs and data reports and solutions according to reasonable industry standards that protect the confidentiality of each Medical Practice’s Confidential Information. EZDERM shall further not attempt to or actually re-identify any previously aggregated, deidentified, or anonymized data and will contractually so require downstream recipients of any such data (including such data contained in any reports or benchmarking programs described in this Section 5.4). All Aggregate Data and associated reports described in this Section 5.4 shall be XXXXXX’s Confidential Information and shall not be considered Confidential Information of Medical Practice.
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Related to Aggregate Data and Benchmarking

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • Definitions For purposes of this Agreement:

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • General The Trustee shall keep proper books of record and account of all the transactions of each Trust under this Indenture at its corporate trust office, including a record of the name and address of, and the Units issued by each Trust and held by, every Unit holder, and such books and records of each Trust shall be open to inspection by any Unit holder of such Trust at all reasonable times during the usual business hours. The Trustee shall make such annual or other reports as may from time to time be required under any applicable state or federal statute or rule or regulations thereunder.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

  • NOW, THEREFORE the parties hereto agree as follows:

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

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