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11/1/2018 <br />Master Services Agreement I Relies <br />TREATMENT. CLIENT FURTHER AGREES THAT THE SOLE AND EXCLUSIVE <br />RESPONSIBILITY FOR ANY MEDICAL DECISIONS OR ACTIONS WITH RESPECT TO A <br />PATIENT'S MEDICAL CARE AND FOR DETERMINING THE ACCURACY, COMPLETENESS <br />OR APPROPRIATENESS OF ANY DIAGNOSTIC, CLINICAL OR MEDICAL INFORMATION <br />RESIDES SOLELY WITH THE HEALTHCARE PROVIDER. COMPANY SHALL HAVE NO <br />LIABILITY FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF OR IN <br />CONNECTION WITH CLIENT'S OR ANY OF USERS' USE OF THE SUBSCRIPTION <br />SERVICES, PROFESSIONAL SERVICES, IN COMBINATION WITH ANY THIRD -PARTY <br />PRODUCTS, SERVICES, SOFTWARE OR WEB SITES THAT ARE ACCESSED VIA LINKS <br />FROM WITHIN THE SUBSCRIPTION SERVICES. <br />TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY'S TOTAL LIABILITY <br />(INCLUDING ATTORNEYS' FEES AWARDED UNDER THIS AGREEMENT) TO CLIENT AND <br />USERS FOR ANY CLAIM BY CLIENT OR ANY THIRD PARTIES UNDER THIS AGREEMENT, <br />WILL BE LIMITED TO THE FEES PAID FOR SUCH ITEMS THAT ARE THE SUBJECT <br />MATTER OF THE CLAIM FOR THE PRIOR TWELVE (12) MONTHS. IN NO EVENT WILL <br />COMPANY, ITS LICENSORS AND SUPPLIERS BE LIABLE TO CLIENT OR USERS OR <br />OTHER THIRD PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY <br />PUNITIVE, TREBLE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT <br />LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, STAFF TIME, GOODWILL, USE, <br />DATA, OR OTHER ECONOMIC ADVANTAGE), WHETHER BASED ON BREACH OF <br />CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT <br />LIABILITY OR OTHERWISE, WHETHER OR NOT PREVIOUSLY ADVISED OF THE <br />POSSIBILITY OF SUCH DAMAGES. <br />NO CLAIM ARISING OUT OF THE AGREEMENT, REGARDLESS OF FORM, MAY BE <br />BROUGHT MORE THAN THE SHORTER OF ONE YEAR OR THE PERIOD ALLOWED BY <br />LAW AFTER THE CAUSE OF ACTION HAS OCCURRED. <br />THIS SECTION 7 SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDY. <br />8. INDEMNIFICATION <br />8.1 Client Indemnification. Client shall indemnify and hold Company, its affiliates, <br />suppliers, data center, employees and officers (Company Indemnified Parties) harmless <br />from and against all liability, claims, damages, fines, losses, expenses (including <br />reasonable attorney's fees and court costs, and the cost of enforcing this indemnity) <br />suffered or incurred by Company or any Company Indemnified Party arising out of, or in <br />connection with (a) any material breach by Client or any User of any of the terms of this <br />Agreement; or (b) any use or reliance by Client or any User of any Subscription Services, <br />including all third -party claims, causes of action, suits, and legal proceedings asserted <br />https://w ..relias.coiMegal/msa-2017 25J-17 9116 <br />