Alternative A. Notwithstanding Section 16.2.a (Indemnification, Generally), HIO and each Participant (each, an “Indemnifying Party”) each shall hold the other (the “Indemnified Party”) free of and harmless from all liability, judgments, costs, damages, claims, or demands, including reasonable attorneys' fees, net of the proceeds of insurance, arising out of any Serious Breach of Privacy or Security arising out of the act or omission of the Indemnifying Party or any of the Indemnifying Party's Authorized Users, members, agents, staff, or employees.
Appears in 2 contracts
Samples: Health Information Exchange Organization Participant’s Agreement, Health Information Exchange Organization Participant’s Agreement
Alternative A. Notwithstanding Section 16.2.a 16.2.1 (Indemnification, Generally), HIO and each Participant (each, an “Indemnifying Party”) each shall hold the other (the “Indemnified Party”) free of and harmless from all liability, judgments, costs, damages, claims, or demands, including reasonable attorneys' fees, net of the proceeds of insurance, arising out of any Serious Breach of Privacy or Security arising out of the act or omission of the Indemnifying Party or any of the Indemnifying Party's Authorized Users, members, agents, staff, or employees.
Appears in 2 contracts
Samples: Health Information Exchange Organization Participant’s Agreement, Health Information Exchange Organization Participant’s Agreement
Alternative A. Notwithstanding Section 16.2.a 16.2.1 (Indemnification, Generally), HIO and each Participant (each, an “Indemnifying Party”) each shall hold the other (the “Indemnified Party”) free of and harmless from all liability, judgments, costs, damages, claims, or demands, including reasonable attorneys' fees, net of the proceeds of insurance, arising out of any Serious Breach of Privacy or Security arising out of the act or omission of the Indemnifying Party or any of the Indemnifying Party's Authorized Users, members, agents, staff, or employees.
Appears in 2 contracts
Samples: Health Information Exchange Organization Participant’s Agreement, Health Information Exchange Organization Participant’s Agreement
Alternative A. Notwithstanding Section 16.2.a 16.2.1 (Indemnification, Generally), HIO and each Participant (each, an “Indemnifying Party”) each shall hold the other (the “Indemnified Party”) free of and harmless from all liability, judgments, costs, damages, claims, or demands, including reasonable attorneys' fees, net of the proceeds of insurance, arising out of any Serious Breach of Privacy or Security arising out of the act or omission of the Indemnifying Party or any of the Indemnifying Party's Authorized Users, members, agents, staff, or employees. outweighed by the benefit to be obtained by assuring Participants that the HIO will be responsible for specified risks of loss.
Appears in 1 contract
Samples: Health Information Exchange Organization Participant’s Agreement
