Common use of D efinitions Clause in Contracts

D efinitions. For the purposes of this Agreement, the following terms shall have the meaning ascribed to them below. All defined terms are capitalized throughout this Agreement. a. Applicant shall mean anyone that submits an application to become an eHealth Exchange Participant. b. Applicable Law shall mean: (i) for the Participants that are not Federal Participants, all applicable statutes and regulations of the State(s) or jurisdiction(s) in which the Participant operates, as well as all applicable Federal statutes, regulations, standards and policy requirements; (ii) for the Federal Participants, all applicable Federal statutes, regulations, standards and policy requirements. c. Authorization shall have the meaning and include the requirements set forth at 45 CFR § 164.508 of the HIPAA Regulations and include any similar but additional requirements under Applicable Law. d. Adverse Security Event shall mean the unauthorized acquisition, access, disclosure, or use of unencrypted Message Content while in the process of being transacted in a manner permitted by this Agreement by anyone who is not a Participant or Participant User or by a Participant or Participant User in any manner that is not a Permitted Purpose under this Agreement. For the avoidance of doubt, an “Adverse Security Event” under this Agreement does not include the following: (i) any unintentional acquisition, access, disclosure, or use of Message Content by an employee or individual acting under the authority of a Participant or Participant User if— (I) such acquisition, access, disclosure, or use was made in good faith and within the course and scope of the employment or other professional relationship of such employee or individual, respectively, with the Participant or Participant User; and (II) such unencrypted Message Content is not further acquired, accessed, disclosed or used by such employee or individual; or (ii) any acquisition, access, disclosure or use of information contained in or available through the Participant’s System where such acquisition, access, disclosure or use was not directly related to Transacting Message Content. e. Business Associate shall have the meaning set forth at 45 C.F.R. § 160.103 of the HIPAA Regulations. f. Common Participant Resources shall mean software, utilities and automated tools made available for use in connection with the Transaction of Message Content pursuant to this Agreement and which have been designated as "Common Participant Resources" by the Coordinating Committee pursuant to the Operating Policies and Procedures.