Common use of Material and Non-Material Amendments to the Terms and Conditions Clause in Contracts

Material and Non-Material Amendments to the Terms and Conditions. Unless stated otherwise in these Terms and Conditions, an amendment will be Material for the purposes of this Section 11 if, the amendment can reasonably be foreseen to: (i) have a significant adverse impact on the use of the HIE by its Participants; or (ii) require material modification of agreements with Participants and their respective Participant Users, or vendors or licensors of Participant’s Systems in a way or at a time that would not have been experienced by the Participant absent the amendment and that can be reasonably foreseen to involve unreasonable effort or expense on the part of Participants; (iii) require material modification of core practices relating to medical information of Individuals or storage and access to patient records of Individuals in a manner that would not have been experienced by the Participant absent the amendment; (iv) result in reasonable and legitimate concerns to Participants related to the confidentiality, integrity, availability, privacy or security of Participants’ Data, or (v) otherwise impose a significant and demonstrable burden not otherwise described above, unless, in all the foregoing cases, the amendment is demonstrably required for compliance by the HIE or Participant with Applicable Law. The specifics of calculation of majority of Participants by CRISP and other aspects of the implementation of this Section 11.03 shall be specified in the Policies and Procedures. Any amendment that is not Material will be deemed Non-Material for purposes of this Section 11.03

Appears in 3 contracts

Samples: Business Associate Agreement, Business Associate Agreement, Business Associate Agreement

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Material and Non-Material Amendments to the Terms and Conditions. Unless stated otherwise in these Terms and Conditions, an amendment will be Material for the purposes of this Section 11 if, the amendment can reasonably be foreseen to: (i) have a significant adverse impact on the use of the HIE by its Participants; or (ii) require material modification of agreements with Participants and their respective Participant Users, Users or vendors or licensors of Participant’s Systems System in a way or at a time that would not have been experienced by the Participant absent the amendment and that can be reasonably foreseen to involve unreasonable effort or expense on the part of Participants; or (iii) require material modification of core practices relating to medical information of Individuals or storage and access andaccess to patient records of Individuals in a manner that would not have been experienced by the Participant absent the amendment; or (iv) result in reasonable and legitimate concerns to Participants related to the confidentiality, integrity, availability, privacy or security of Participants’ Data, or (v) otherwise impose a significant and demonstrable burden not otherwise described above, unless, in all the foregoing cases, the amendment is demonstrably required for compliance by the HIE or Participant Participants with Applicable Law. The specifics of calculation of majority of Participants by CRISP and other aspects of the implementation of this Section 11.03 shall be specified in the Policies and Procedures. Any amendment that is not Material will be deemed Non-Material for purposes of this Section 11.0311.

Appears in 2 contracts

Samples: Business Associate Agreement, Business Associate Agreement

Material and Non-Material Amendments to the Terms and Conditions. Unless stated otherwise in these Terms and Conditions, an amendment will be Material for the purposes of this Section 11 if, the amendment can reasonably be foreseen to: (i) have a significant adverse impact on the use of the HIE by its Participants; or (ii) require material modification of agreements with Participants and their respective Participant Users, or vendors or licensors of Participant’s Systems in a way or at a time that would not have been experienced by the Participant absent the amendment and that can be reasonably foreseen to involve unreasonable effort or expense on the part of Participants; (iii) require material modification of core practices relating to medical information of Individuals or storage and access to patient records of Individuals in a manner that would not have been experienced by the Participant absent the amendment; or (iv) result in reasonable and legitimate concerns to Participants related to the confidentiality, integrity, availability, privacy privacy, or security of Participants’ Data, or (v) otherwise impose a significant and demonstrable burden not otherwise described above, unless, in all the foregoing cases, the amendment is demonstrably required for compliance by the HIE or Participant with Applicable Law. The specifics of calculation of majority of Participants by CRISP and other aspects of the implementation of this Section 11.03 shall be specified in the Policies and Procedures. Any amendment that is not Material will be deemed Non-Material for purposes of this Section 11.03

Appears in 2 contracts

Samples: Business Associate Agreement, Business Associate Agreement

Material and Non-Material Amendments to the Terms and Conditions. Unless stated otherwise in these Terms and Conditions, an amendment will be Material for the purposes of this Section 11 112 if, as to majority of Participants or disproportionately as to specific and identifiable category or categories of Participants, even if not a majority, the amendment can reasonably be foreseen to: (i) have a significant adverse impact on the use of the HIE by which would not have been experienced absent the amendmentby its Participants; or (ii) require material modification of agreements with Participants and their respective Participant Users, Subscribed Users, or vendors or licensors of Participant’s Systems in a way or at a time that would not have been experienced by the Participant absent the amendment and that can be reasonably foreseen to involve unreasonable unreasonablesubstantial effort or expense on the part of Participants; (iii) require material modification of core practices relating to medical information of Individuals or storage and access to patient records of Individuals in a manner that would not have been experienced by the Participant absent the amendment; or (iv) result in reasonable and legitimate concerns to Participants related to the confidentiality, integrity, availability, privacy or security of Participants’ Data, or (v) otherwise impose a significant and demonstrable burden not otherwise described above, unless, in all the foregoing cases, the amendment is demonstrably required for compliance by the HIE or Participant with Applicable Law. The specifics of calculation of majority of Participants by CRISP and other aspects of the implementation of this Section 11.03 12.03 shall be specified in the Policies and Procedures. Any amendment that is not Material will be deemed Non-Material for purposes of this Section 11.03112.03

Appears in 2 contracts

Samples: Business Associate Agreement, Business Associate Agreement

Material and Non-Material Amendments to the Terms and Conditions. Unless stated otherwise in these Terms and Conditions, an amendment will be Material for the purposes of this Section 11 if, the amendment can reasonably be foreseen to: (i) have a significant adverse impact on the use of the HIE by its Participants; or (ii) require material modification of agreements with Participants and their respective Participant Users, Users or vendors or licensors of Participant’s Systems System in a way or at a time that would not have been experienced by the Participant absent the amendment and that can be reasonably foreseen to involve unreasonable effort or expense on the part of Participants; or (iii) require material modification of core practices relating to medical information of Individuals or storage and access to patient records of Individuals in a manner that would not have been experienced by the Participant absent the amendment; or (iv) result in reasonable and legitimate concerns to Participants related to the confidentiality, integrity, availability, privacy or security of Participants’ Data, or (v) otherwise impose a significant and demonstrable burden not otherwise described above, unless, in all the foregoing cases, the amendment is demonstrably required for compliance by the HIE or Participant Participants with Applicable Law. The specifics of calculation of majority of Participants by CRISP and other aspects of the implementation of this Section 11.03 shall be specified in the Policies and Procedures. Any amendment that is not Material will be deemed Non-Material for purposes of this Section 11.0311.

Appears in 1 contract

Samples: Business Associate Agreement

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Material and Non-Material Amendments to the Terms and Conditions. Unless stated otherwise in these Terms and Conditions, an amendment will be Material for the purposes of this Section 11 112 if, as to majority of Participants or disproportionately as to specific and identifiable category or categories of Participants, even if not a majority, the amendment can reasonably be foreseen to: (i) have a significant adverse impact on the use of the HIE by which would not have been experienced absent the amendmentby its Participants; or (ii) require material modification of agreements with Participants and their respective Participant Users, Subscribed Users, or vendors or licensors of Participant’s Systems in a way or at a time that would not have been experienced by the Participant absent the amendment and that can be reasonably foreseen to involve unreasonable unreasonablesubstantial effort or expense on the part of Participants; (iii) require material modification of core practices relating to medical information of Individuals or storage and access to patient records of Individuals in a manner that would not have been experienced by the Participant absent the amendment; (iv) result in reasonable and legitimate concerns to Participants related r elated to the confidentiality, integrity, availability, privacy or security of Participants’ Data, or (viv) otherwise impose a significant and demonstrable burden not otherwise described above, unless, in all the foregoing cases, the amendment is demonstrably required for compliance by the HIE or Participant with Applicable Law. The specifics of calculation of majority of Participants by CRISP and other aspects of the implementation of this Section 11.03 112.03 shall be specified in the Policies and Procedures. Any amendment that is not Material will be deemed Non-Material for purposes of this Section 11.03112.03

Appears in 1 contract

Samples: Business Associate Agreement

Material and Non-Material Amendments to the Terms and Conditions. Unless stated otherwise in these Terms and Conditions, an amendment will be Material for the purposes of this Section 11 112 if, as to majority of Participants or disproportionately as to specific and identifiable category or categories of Participants, even if not a majority, the amendment can reasonably be foreseen to: (i) have a significant adverse impact on the use of the HIE by which would not have been experienced absent the amendmentby its Participants; or (ii) require material modification of agreements with Participants and their respective Participant Users, Subscribed Users, or vendors or licensors of Participant’s Systems in a way or at a time that would not have been experienced by the Participant absent the amendment and that can be reasonably foreseen to involve unreasonable unreasonablesubstantial effort or expense on the part of Participants; (iii) require material modification of core practices relating to medical information of Individuals or storage and access to patient records of Individuals in a manner that would not have been experienced by the Participant absent the amendment; or (iv) result in reasonable and legitimate concerns to Participants related to the confidentiality, integrity, availability, privacy privacy, or security of Participants’ Data, or (v) otherwise impose a significant and demonstrable burden not otherwise described above, unless, in all the foregoing cases, the amendment is demonstrably required for compliance by the HIE or Participant with Applicable Law. The specifics of calculation of majority of Participants by CRISP and other aspects of the implementation of this Section 11.03 112.03 shall be specified in the Policies and Procedures. Any amendment that is not Material will be deemed Non-Material for purposes of this Section 11.03112.03

Appears in 1 contract

Samples: Business Associate Agreement

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