Common use of Professional Duty Clause in Contracts

Professional Duty. 11.5 Licensee acknowledges that the professional duty to the patient in providing healthcare services lies with the healthcare professionals, including the Provider, who are providing services to the patients. Licensee assumes full responsibility for its use and the use of its Providers and their organizations’ uses of the Software including the input, protection, processing and use of any and all patient information in and by the Software at all points during the patient’s care. The Licensee on its own behalf and on behalf of its Providers hereby acknowledges and agrees that the use of the Software is in no way intended to replace or substitute for professional judgment of a Provider and is in no way intended nor will it be used to relieve a Provider of its duties, obligations and standard of care to the patient. TRIARQ does not assume any responsibility for any actions of Licensee or any Provider, which may result in any liability for damages, for any breach of the standard of care for any malpractice, failure to warn, negligence or any other basis of liability for the Providers and any and all of their related service organizations, if any. Licensee hereby represents and warrants that it shall ensure that all Authorized Users, Providers and any and all other healthcare professionals using the Software are aware of and consent to the limitations of the use of the Software and to this duty to indemnify and hold TRIARQ harmless.

Professional Duty. 11.5 Licensee acknowledges that the professional duty to the patient in providing healthcare services lies with the healthcare professionals, including the Provider, who are providing services to the patients. Licensee assumes full responsibility for its use and the use of its Providers and their organizations’ uses of the Software including the input, protection, processing and use of any and all patient information in and by the Software at all points during the patient’s care. The Licensee on its own behalf and on behalf of its Providers hereby acknowledges and agrees that the use of the Software is in no way intended to replace or substitute for professional judgment of a Provider and is in no way intended nor will it be used to relieve a Provider of its duties, obligations and standard of care to the patient. TRIARQ Triarq does not assume any responsibility for any actions of Licensee or any Provider, which may result in any liability for damages, for any breach of the standard of care for any malpractice, failure to warn, negligence or any other basis of liability for the Providers and any and all of their related service organizations, if any. Licensee hereby represents and warrants that it shall ensure that all Authorized Users, Providers and any and all other healthcare professionals using the Software are aware of and consent to the limitations of the use of the Software and to this duty to indemnify and hold TRIARQ Triarq harmless.