2002 - 05-06-02 Regular Meeting - Laserfiche WebLink

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eco,. 18 Pace 821 8. NO OBLIGATION TO MAKE REFERRALS The parties acknowledge that none of the benefits granted the parties under this Agreement is conditioned on any requirement or expectation that the parties make referrals to, be in a position to make or influence referrals to, or otherwise generate business for the other party. The parties further acknowledge that neither party is restricted from referring any service to, or otherwise generating any business for any other entity of their choosing. 9. CONFIDENTIAL INFOMRATION a. Provider Information. County recognizes and acknowledges that, by virtue of entering into this Agreement and obtaining services from Provider hereunder, County may have access to certain information of Provider that is confidential and constitutes the valuable, special and unique property of Provider, including policies and procedures and operating manuals of Provider. Board warrants and covenants to Provider that neither County nor any County employee or independent contractor of County will at any time, either during or subsequent to the Term, disclose to others, use, copy or permit to be copied, without Provider's express prior written consent except as otherwise permitted hereunder or as otherwise available to the public, any confidential or proprietary information of Provider, including, but not limited to, information which concerns Provider's costs, policies and procedures, protocols for treatment, and operating manuals. b. Board Information. Provider recognizes and acknowledges that, by virtue of entering into this Agreement and providing services to County hereunder, Provider and Provider's Staff may have access to certain information of County that is confidential and constitutes the valuable, special and unique property of County. Provider warrants and covenants to County that neither Provider nor any of Provider's Staff will at any time, either during or subsequent to the Term, disclose to others, use, copy or permit to be copied, without County `s express prior written consent, except pursuant to Provider's or Provider's Staff's duties hereunder or as otherwise available to the public, any confidential or proprietary information of County. C. Patient Information. Provider warrants and covenants to County that neither Provider nor any of Provider's Staff shall disclose to any third party, except where permitted or required by law, any patient or medical record information regarding Service patients, and Provider and Provider's Staff shall comply with all federal and state laws and regulations, and all rules, regulations, and policies of the Hospital regarding the confidentiality of such information. In addition, Provider warrants and covenants to County that, if necessary, Provider and Provider's Staff will resist in judicial proceedings any effort to obtain access to such records and information except as is expressly permitted by federal regulations. d. County Attorney's Opinion. Provider is aware that the County Attorney has advised County that the franchise and this Agreement are, in his opinion, public records as defined by North Carolina General Statute § 132-1. 7