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Common use of Warranties and Limitation of Liability Clause in Contracts

Warranties and Limitation of Liability. a. Participants hereby disclaim all implied and express warranties, conditions, and other terms, whether statutory, arising from course of dealing, or otherwise as it pertains to Public Health Information. No Participant warrants that the performance or delivery of the Public Health Information will be uninterrupted or error-free. No Participant shall be liable for any consequential, incidental, indirect, punitive, or special damages suffered by another Participant or any other third party. No Participant shall be liable for any damages arising out of or related to the acts or omissions of another Participant in accessing, disclosing or using Public Health Information. b. Without limiting any other provision of the Agreement, each Participant and such Participant’s Authorized Users shall be solely responsible for all decisions and actions taken or not taken involving patient care, utilization management, and quality management resulting from or in any way related to the use of the Public Health Information. No Participant or Authorized User shall have any recourse against, and each shall waive any claims against, other Participants for any loss, damage, claim, or cost relating to or resulting from its own use or misuse of Public Health Information.

Appears in 2 contracts

Samples: Health Information Exchange Agreement, Health Information Exchange Agreement

Warranties and Limitation of Liability. a. Participants hereby disclaim all implied and express warranties, conditions, and other terms, whether statutory, arising from course of dealing, or otherwise as it pertains to Public Health Information. No Participant warrants that the performance or delivery of the Public Health Information will be uninterrupted or error-freeerror‐free. No Participant shall be liable for any consequential, incidental, indirect, punitive, or special damages suffered by another Participant or any other third party. No Participant shall be liable for any damages arising out of or related to the acts or omissions of another Participant in accessing, disclosing disclosing, or using Public Health Information. b. Without limiting any other provision of the Agreement, each Participant and such Participant’s Authorized Users shall be solely responsible for all decisions and actions taken or not taken involving patient care, utilization management, and quality management resulting from or in any way related to the use of the Public Health Information. No Participant or Authorized User shall have any recourse against, and each shall waive any claims against, other Participants for any loss, damage, claim, or cost relating to or resulting from its own use or misuse of Public Health Information.

Appears in 1 contract

Samples: Health Information Exchange Agreement

Warranties and Limitation of Liability. a. Participants hereby disclaim all implied and express warranties, conditions, and other terms, whether statutory, arising from course of dealing, or otherwise as it pertains to Public Health Information. No Participant warrants that the performance or delivery of the Public Health Information will be uninterrupted or error-free. No Participant shall be liable for any consequential, incidental, indirect, punitive, or special damages suffered by another Participant or any other third party. No Participant shall be liable for any damages arising out of or related to the acts or omissions of another Participant in accessing, disclosing or using Public Health Information. b. . Without limiting any other provision of the Agreement, each Participant and such Participant’s Authorized Users shall be solely responsible for all decisions and actions taken or not taken involving patient care, utilization management, and quality management resulting from or in any way related to the use of the Public Health Information. No Participant or Authorized User shall have any recourse against, and each shall waive any claims against, other Participants for any loss, damage, claim, or cost relating to or resulting from its own use or misuse of Public Health Information.

Appears in 1 contract

Samples: Health Information Exchange Agreement

Warranties and Limitation of Liability. a. Participants hereby disclaim all implied and express warranties, conditions, and other terms, whether statutory, arising from course of dealing, or otherwise as it pertains to Public Health Information. No Participant warrants that the performance or delivery of the Public Health Information will be uninterrupted or error-freeerror‐free. No Participant shall be liable for any consequential, incidental, indirect, punitive, or special damages suffered by another Participant or any other third party. No Participant shall be liable for any damages arising out of or related to the acts or omissions of another Participant in accessing, disclosing or using Public Health Information. b. Without limiting any other provision of the Agreement, each Participant and such Participant’s Authorized Users shall be solely responsible for all decisions and actions taken or not taken involving patient care, utilization management, and quality management resulting from or in any way related to the use of the Public Health Information. No Participant or Authorized User shall have any recourse against, and each shall waive any claims against, other Participants for any loss, damage, claim, or cost relating to or resulting from its own use or misuse of Public Health Information.

Appears in 1 contract

Samples: Inter Organizational Agreement

Warranties and Limitation of Liability. a. Participants hereby disclaim all implied and express warranties, conditions, and other terms, whether statutory, arising from course of dealing, or otherwise as it pertains to Public Health Information. No Participant warrants that the performance or delivery of the Public Health Information will be uninterrupted or error-free. No Participant shall be liable for any consequential, incidental, indirect, punitive, or special damages suffered by another Participant or any other third party. No Participant shall be liable for any damages arising out of or related to the acts or omissions of another Participant in accessing, disclosing disclosing, or using Public Health Information. b. Without limiting any other provision of the Agreement, each Participant and such Participant’s Authorized Users shall be solely responsible for all decisions and actions taken or not taken involving patient care, utilization management, and quality management resulting from or in any way related to the use of the Public Health Information. No Participant or Authorized User shall have any recourse against, and each shall waive any claims against, other Participants for any loss, damage, claim, or cost relating to or resulting from its own use or misuse of Public Health Information.

Appears in 1 contract

Samples: Public Entity Data Sharing Agreement