Common use of Medical Decisions Clause in Contracts

Medical Decisions. Notwithstanding anything in this Agreement contrary, Customer acknowledges and agrees that Xoft is not engaged in the practice of medicine, and is not determining appropriate medical use of any of the Services that are, or may be, offered pursuant to this Agreement. Medical order, treatment and diagnostic decisions, including those arising from the results of any use of the Services are the responsibility of Customer. Customer shall defend, indemnify and hold harmless, Xoft and its officers, agents, consultants, employees and third-party suppliers from and against all Losses, arising from any claim of malpractice, misdiagnosis, or any other medical treatment matter in connection with the use by Customer, or any third parties, of any Services supplied to Customer by Xoft except to the extent that such Losses resulted from Xoft’s gross negligence or willful misconduct.

Medical Decisions. Notwithstanding anything in this Agreement contrary, Customer acknowledges and agrees that Xoft Xxxx is not engaged in the practice of medicine, and is not determining appropriate medical use of any of the Services that are, or may be, offered pursuant to this Agreement. Medical order, treatment and diagnostic decisions, including those arising from the results of any use of the Services are the responsibility of Customer. Customer shall defend, indemnify and hold harmless, Xoft and its officers, agents, consultants, employees and third-party suppliers from and against all Losses, arising from any claim of malpractice, misdiagnosis, or any other medical treatment matter in connection with the use by Customer, or any third parties, of any Services supplied to Customer by Xoft except to the extent that such Losses resulted from XoftXxxx’s gross negligence or willful misconduct.