Specific Indemnities. (a) HEALTHeLINK and each Participant (each, an “Indemnifying Party”) each shall hold the other (the “Indemnified Party”) free of and harmless from all liability, judgments, costs, damages, claims, or demands, including reasonable attorneys’ fees, net of the proceeds of insurance, arising out of any Breach (as defined in Section 10.2 (Reporting of Breaches)) arising out of the act or omission of the Indemnifying Party or any of the Indemnifying Party’s officers, directors, members, employees or other agents, including but not limited to Authorized Users. (b) Participant shall hold HEALTHeLINK and each other Participant free of and harmless from all liability, judgments, costs, damages, claims, or demands, including reasonable attorneys’ fees, net of the proceeds of insurance, arising out of Participant’s failure to use reasonable and appropriate efforts to provide any Patient Data or other data that is free from serious error, materially incomplete, or provided in an untimely manner.
Appears in 3 contracts
Sources: Health Information Exchange Participation Agreement, Health Information Exchange Participation Agreement, Health Information Exchange Participation Agreement