Medco Obligations. Medco represents and warrants and agrees that it will perform all of its duties under this Agreement in compliance with all applicable federal, state, local and foreign laws and regulations and licensing requirements, including but not limited to those related to patient notification, authorization and consent, privacy of medical records and medical information. By way of example, Medco is required under the Standards adopted pursuant to the Health Insurance Portability and Accountability Act of 1996, either directly as a covered entity or in its role as a business associate of its health plan clients, to assure that protected health information (all as defined in such Standards) is used or disclosed only in accordance with such Standards. If at any time during the Term, Medco concludes that it cannot perform one or more obligations under this Agreement because of legal or regulatory restrictions imposed upon it, Medco shall promptly notify Merck or the Foundation, explain why it believes it cannot legally perform the obligation, and provide Merck or the Foundation with an estimate of the impact of the restriction on its performance of this Agreement as a whole. Nothing in this Agreement is intended to allow Medco to create by contract an impediment to performance of this Agreement that differs from any restriction to which Medco is subject as to either drug manufacturers generally or any broader category of third parties.
Medco Obligations. Medco represents and warrants and agrees that it will perform all of its duties under this Agreement in compliance with all applicable federal, state, local and foreign laws and regulations and licensing requirements, including but not limited to those related to patient notification, authorization and consent, privacy of medical records and medical information. By way of example, Medco is required under the Standards adopted pursuant to the Health Insurance Portability and Accountability Act of 1996, either directly as a covered entity or in its role as a business associate of its health plan clients, to assure that protected health information (all as defined in such Standards) is used or disclosed only in accordance with such Standards. If at any time during the Term, Medco concludes that it cannot perform one or more obligations under this Agreement because of legal or regulatory restrictions imposed upon it, Medco shall promptly notify Merck, explain why it believes it cannot legally perform the obligation, and provide Merck with an estimate of the impact of the restriction on its performance of this Agreement as a whole. Nothing in this Agreement is intended to allow Medco to create by contract an impediment to performance of this Agreement that differs from any restriction to which Medco is subject as to either drug manufacturers generally or any broader category of third parties.
