Common use of No Discriminatory Limits on Exchange of TI Clause in Contracts

No Discriminatory Limits on Exchange of TI. Signatory shall not engage in TEFCA Exchange, refrain from engaging in TEFCA Exchange, or limit TEFCA Exchange with any other QHIN, Participant, Subparticipant, or Individual, in a Discriminatory Manner. Notwithstanding the foregoing, if Signatory refrains from engaging in TEFCA Exchange or limits interoperability with any other QHIN, Participant, or Subparticipant under the following circumstances, Signatory’s actions or inactions shall not be deemed discriminatory: (i) Signatory’s Connectivity Services require load balancing of network traffic or similar activities provided such activities are implemented in a consistent and non-discriminatory manner for a period of time no longer than necessary to address the network traffic issue; (ii) Signatory has a reasonable and good-faith belief that the other QHIN, Participant, or Subparticipant has not satisfied or will not be able to satisfy the applicable terms hereof (including compliance with Applicable Law) in any material respect; or (iii) Signatory’s actions or inactions are consistent with or permitted by an applicable SOP. One QHIN suspending its exchange activities with another QHIN, Participant, or Subparticipant in accordance with Section 17.4.2 shall not be deemed discriminatory.

No Discriminatory Limits on Exchange of TI. Signatory Neither You nor Upstream QPS shall not engage in TEFCA Exchange, refrain from engaging in TEFCA Exchange, or limit TEFCA Exchange with any other QHIN, Participant, Subparticipant, or Individual, Individual in a Discriminatory Manner. Notwithstanding the foregoing, if Signatory refrains You refrain from engaging in TEFCA Exchange or limits limit interoperability with any other QHIN, Participant, or Subparticipant under the following circumstances, Signatory’s Your actions or inactions shall not be deemed discriminatory: (i) Signatory’s Your Connectivity Services require load balancing of network traffic or similar activities provided such activities are implemented in a consistent and non-non- discriminatory manner for a period of time no longer than necessary to address the network traffic issue; (ii) Signatory has You have a reasonable and good-faith belief that the other QHIN, Participant, or Subparticipant has not satisfied or will not be able to satisfy the applicable terms hereof of a Framework Agreement (including compliance with Applicable Law) in any material respect; or and/or (iii) Signatory’s Your actions or inactions are consistent with or permitted by an applicable SOP. One QHIN QHIN, Participant, or Subparticipant suspending its exchange activities with another QHIN, Participant, or Subparticipant in accordance with Section 17.4.2 of the Common Agreement or Section 10.4.5 of the ToP, as applicable, shall not be deemed discriminatory.

No Discriminatory Limits on Exchange of TI. Signatory Neither You nor Upstream QPS shall not engage in TEFCA Exchange, refrain from engaging in TEFCA Exchange, or limit TEFCA Exchange with any other QHIN, Participant, Subparticipant, or Individual, Individual in a Discriminatory Manner. Notwithstanding the foregoing, if Signatory refrains You refrain from engaging in TEFCA Exchange or limits limit interoperability with any other QHIN, Participant, or Subparticipant under the following circumstances, Signatory’s Your actions or inactions shall not be deemed discriminatory: (i) Signatory’s Your Connectivity Services require load balancing of network traffic or similar activities provided such activities are implemented in a consistent and non-discriminatory manner for a period of time no longer than necessary to address the network traffic issue; (ii) Signatory has You have a reasonable and good-faith belief that the other QHIN, Participant, or Subparticipant has not satisfied or will not be able to satisfy the applicable terms hereof of a Framework Agreement (including compliance with Applicable Law) in any material respect; or and/or (iii) Signatory’s Your actions or inactions are consistent with or permitted by an applicable SOP. One QHIN QHIN, Participant, or Subparticipant suspending its exchange activities with another QHIN, Participant, or Subparticipant in accordance with Section 17.4.2 of the Common Agreement or Section 10.4.5 of the ToP, as applicable, shall not be deemed discriminatory.

No Discriminatory Limits on Exchange of TI. Signatory shall not engage in TEFCA Exchange, refrain from engaging in TEFCA Exchange, or limit TEFCA Exchange with any other QHIN, Participant, Subparticipant, or Individual, in a Discriminatory Manner. Notwithstanding the foregoing, if Signatory refrains from engaging in TEFCA Exchange or limits interoperability with any other QHIN, Participant, or Subparticipant under the following circumstances, Signatory’s actions or inactions shall not be deemed discriminatory: (i) Signatory’s Connectivity Services require load balancing of network traffic or similar activities provided such activities are implemented in a consistent and non-discriminatory manner for a period of time no longer than necessary to address the network traffic issue; (ii) Signatory has a reasonable and good-good- faith belief that the other QHIN, Participant, or Subparticipant has not satisfied or will not be able to satisfy the applicable terms hereof (including compliance with Applicable Law) in any material respect; or (iii) Signatory’s actions or inactions are consistent with or permitted by an applicable SOP. One QHIN suspending its exchange activities with another QHIN, Participant, or Subparticipant in accordance with Section 17.4.2 shall not be deemed discriminatory.