Common use of Response to Legal Process Clause in Contracts

Response to Legal Process. In the event that CRISP receives a subpoena, summons, warrant, court order or similar legal process (collectively, “Legal Process”) that calls for the production or disclosure of Data or Confidential Information of Participant, it shall promptly notify Participant and the parties shall cooperate as to the requested production of the requested Data or Confidential Information, including but not limited to as to submission of Motion for a Protective Order or similar restriction of or relief from the Legal Process (“collectively, a “Protective Order”) to the extent practicable. The parties acknowledge that Participant, not CRISP, may be the custodian of Data transmitted through the HIE or stored in the Edge Device for purposes of the Legal Process, in which case Participant will assume primary responsibility and control over the response to the Legal Process, including seeking a Protective Order and that CRISP or the Exchange Technology Provider may be the custodian of Data stored in the Master Patient Index, the Physician Address Book or the Registry or retained by CRISP following termination in accordance with this Agreement, in which case CRISP will assume primary responsibility and control over the response to the Legal Process, including seeking a Protective Order. Each party will be responsible for its own costs and expenses as to such a request for a Protective Order. Notwithstanding anything in this Section 56.04, however, CRISP shall be responsible for responding to any such Legal Process nothing shall require CRISP tohowever fail to take action in response to Legal Process in a timely action if the failure to take action could, in the reasonable judgment of legal counsel for CRISP, subject CRISP to contempt, sanctions, fines, penalties or other sanctions predicated on a failure of CRISP to comply with Applicable Law as to the Legal Process. The provisions of this Section 56.04 shall also apply, to the extent appropriate, to Health Data transmitted using the DirectCRISP Services. Specific procedures will be set forth in the Policies and Procedures.

Response to Legal Process. In the event that CRISP receives a subpoena, summons, warrant, court order or similar legal process (collectively, “Legal Process”) that calls for the production or disclosure ordisclosure of Data or Confidential Information of Participant, it shall promptly notify Participant and the parties shall cooperate as to the requested production of the requested Data or Confidential Information, including but not limited to as to submission of Motion for Motionfor a Protective Order or similar restriction of or relief from the Legal Process (“collectively, a “Protective Order”) to the extent practicable. The parties acknowledge that Participant, not CRISP, may be the custodian of Data transmitted through the HIE or stored in the Edge Device accordance with a Use Case for purposes of the Legal Process, in which case Participant will assume primary responsibility and control over the response to the Legal Process, including seeking a Protective Order and that CRISP or the Exchange Core Technology Provider Vendor may be the custodian of Data stored in the Master Patient Index, the Physician Address Book or the Registry or retained by CRISP following termination in accordance with this Agreement, in which case CRISP will assume primary responsibility and control over the response to the Legal Process, including seeking a Protective Order. Each party will be responsible for its own costs and expenses as to such a request for a Protective Order. Notwithstanding anything in this Section 56.045.044, however, CRISP shall be responsible for responding to any such Legal Process nothing shall require CRISP tohowever to fail to take action in response to Legal Process in a timely action if the failure to take action could, in the reasonable judgment of legal counsel for CRISP, subject CRISP to contempt, sanctions, fines, penalties or other sanctions predicated on a failure of CRISP to comply with Applicable Law as to the Legal theLegal Process. The provisions of this Section 56.04 5.04 shall also apply, to the extent appropriate, to Health Data transmitted using the DirectCRISP CRISP Services. Specific procedures will be set forth in the Policies and Procedures.