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<br />BGOK 20 PAGE 66$
<br />no copies thereof; provided however, that if such return or destruction is not reasonably feasible, the provisions of
<br />Section 4 of this Agreement shall continue to apply to such information after the termination hereof.
<br />5.6 Proprietary to AdvancePCS. Member County and Customer acknowledge that the Formulary is
<br />proprietary to AdvancePCS. Further, all AdvancePCS databases, as well as the software, hard coding, and logic
<br />used to generate the compilations of information contained in AdvancePCS' Claims adjudication system and in all
<br />other databases developed by AdvancePCS or its designees in connection with performing Services including
<br />identifiers assigned by AdvancePCS, and the format of all reports, printouts, and copies there from, and any prior
<br />and future versions thereof by any name, are the property of AdvancePCS and are protected by copyright which
<br />shall be owned by AdvancePCS.
<br />5.7 Tradenames; Trademarks; and Service Marks. None of the parties hereto may use any
<br />tradenames, trademarks or service marks of another, or any word or symbol likely to be confused with such
<br />tradenames, trademarks or service marks, unless authorized in writing or as expressly permitted by this Agreement.
<br />5.8 Remedies. Any unauthorized disclosure or use of Confidential Information would cause
<br />AdvancePCS, Member County or Customer immediate and irreparable injury or loss that cannot be adequately
<br />compensated with money damages. Accordingly, if any parry hereto fails to comply with this Section 5, the other(s)
<br />will be entitled to specific performance including immediate issuance of a temporary restraining order or
<br />preliminary injunction enforcing this Agreement, and tojudgment for damages (including reasonable attorneys' fees)
<br />caused by the breach, and to any other remedies provided by Law.
<br />6. LIMITATION OF LIABILITY; COMPLIANCE WITH LAW.
<br />6.1 Warranty. This Agreement is not a contract for the sale of goods. AdvancePCS will perform the
<br />Services in a good and workmanlike manner in accordance with the customs, practices, and standards of providers
<br />skilled in the industry. EXCEPT AS WARRANTED IN THIS SECTION 6.1, ADVANCEPCS DISCLAIMS ALL
<br />EXPRESS AND ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING THE SUITABILITY FOR ANY
<br />PARTICULAR PURPOSE OF THE DATA GENERATED THROUGH THE ADVANCEPCS SYSTEM.
<br />ADVANCEPCS RELIES ON FIRST DATABANK, MEDI-SPAN, OR INDUSTRY COMPARABLE
<br />DATABASES IN PROVIDING CUSTOMER, MEMBER COUNTY AND PARTICIPANTS WITH DRUG
<br />UTILIZATION REVIEW SERVICES. ADVANCEPCS HAS UTILIZED DUE DILIGENCE IN COLLECTING
<br />AND REPORTING I HE INFORMATION CONTAINED IN THE DATABASES AND HAS OBTAINED SUCH
<br />INFORMATION PROM SOURCES BELIEVED TO BE RELIABLE. ADVANCEPCS, HOWEVER, DOES NOT
<br />WARRANT THE ACCURACY OF REPORTS, ALERTS. CODES, PRICES, OR OTHER DATA CONTAINED
<br />IN THE DATABASES. THE CLINICAL, INFORMATION CONTAINED IN THE DATABASES AND THE
<br />FORMULARY IS INTENDED AS A SUPPLEMENT TO, AND NOT A SUBSTITUTE FOR, THE
<br />KNOWLEDGE, EXPERTISE, SKILL, AND JUDGMENT OF PHYSICIANS, PHARMACISTS, OR OTHER
<br />HEALTH-CARE PROFESSIONALS INVOLVED IN PART'ICIPANT'S CARE. THE" ABSENCE OF A
<br />WARNING FOR A GIVEN DRUG OR DRUG COMBINATION SHALL NOT BE CONSTRUED TO INDICATE
<br />THAT THE DRUG OR DRUG COMBINATION IS SAFE, APPROPRIATE OR EFFECTIVE FOR ANY
<br />PARTICIPANT. ADVANCEPCS DOES NOT WARRANT THAT ITS SERVICES WILL BE
<br />UNINTERRUPTED OR ERROR FREE.
<br />6.2 Force Majeure. Except for the payment obligations set forth in Section 2 of this Agreement. the
<br />parties are excused from performance under this Agreement to the extent that a party is prevented from performing
<br />any obligation, in whole or in part, as a result of causes beyond its reasonable control, including, acts of God, war.
<br />civil disturbance, court order, governmental intervention, Change in Law, nonperformance by the other party or any
<br />third party, failures or fluctuations in electrical power, heat, light, air conditioning, or telecommunications
<br />equipment. Any nonperformance under this Section 6.2 will not constitute a default or a ground for temtination of
<br />this Agreement.
<br />6.3 Indemnity. To the extent permitted by applicable Law, Customer and Member County shall
<br />indemnify and hold harmless AdvancePCS and its officers, directors, employees. agents, successors, and assigns
<br />("AdvancePCS Indemnitees") for, from and against any damages, costs, or attorney's fees, actually incurred by an
<br />AdvancePCS Inderminee. as the result of a claim brought by any third party or a participant or beneficiary relating
<br />NAOC k2 ,2.d,,, (07/06/2005)lR,Chriml Nee6of15
<br />This document contains proprieiarc information ofAJd ancePCS, and mac not be used foranv purpose other than to evaluate entering into a
<br />relationship kith AdvancePCS, nor may it be duplicated or disclosed to others for any purpose-
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