Common use of Material and Non-Material Amendments Clause in Contracts

Material and Non-Material Amendments. Unless stated otherwise in these Terms and Conditions, an amendment will be Material for the purposes of this Section 10 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 which would not have been experienced absent the amendment; (ii) require material modification of agreements with Participant Users or vendors or licensors of Participant’s 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 substantial effort or expense; 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) otherwise impose a significant and demonstrable burden not otherwise described above, unless, in all the foregoing cases, the amendment is demonstrably requried for compliance by the HIE or Participants with Applicable Law. The specifics of calculation of majority of Participants by CRISP and other aspects of the implementation of this Section 10.03 shall be specified in the Policies and Procedures. Any amendment that is not Material will be deemed Non-Material for purposes of this Section 10.

Material and Non-Material Amendments. Unless stated otherwise in these Terms and Conditions, an amendment will be Material for the purposes of this Section 10 12 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 which would not have been experienced absent the amendment; (ii) require material modification of agreements with Participant Users Users, Subscribed Users, or vendors or licensors of Participant’s 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 substantial effort or expense; 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) otherwise impose a significant and demonstrable burden not otherwise described above, unless, in all the foregoing cases, the amendment is demonstrably requried required for compliance by the HIE or Participants Participant with Applicable Law. The specifics of calculation of majority of Participants by CRISP and other aspects of the implementation of this Section 10.03 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 10.12.03