Stryker Medical ProCare Services 10/5/2022 (2)

20. HIPAA;DATA (a) Stryker is not a "business associate"of Customer,as the term"business associate"is defined by HIPAA(the Health Insurance Portability and Accountability Act of 1996 and 45 C.F.R.parts 142 and 160-164,as amended). All medical information and/or data concerning specific patients (including,but not limited to,the identity of the patients),derived incidentally during the course of this Agreement,shall be treated by both parties as confidential,and shall not be released,disclosed,or published to any party other than as required or permitted under applicable laws. (b) Customer acknowledges and agrees that Stryker may use any data arising from or related to the performance or use of the Equipment or Services. 21. MISCELLANEOUS Neither party may assign or transfer their rights and/or benefits under this Agreement without the prior written consent of the other party,except that either party shall have the right to assign this Agreement or any rights under or interests in this Agreement to any parent,subsidiary or affiliate. All of the terms and provisions of this Agreement shall be binding upon,shall inure to the benefit of,and be enforceable by permitted successors and assigns of the parties to this Agreement.This Agreement shall be construed and interpreted in accordance with the laws of the state where Customer is located.The invalidity,in whole or in part,of any of the foregoing paragraphs,where determined to be illegal,invalid,or unenforceable by a court or authority of competent jurisdiction,will not affect or impair the enforceability of the remainder of the Agreement.This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations and agreements between the parties concerning the subject matter of this Agreement.In the event of an inconsistency or conflict between this Agreement and any purchase order,invoice,or similar document,this Agreement will control.Any inconsistency or conflict between the terms of this Agreement and a Service Plan shall be resolved in favor of the Service Plan.The sections entitled Limitation of Liability,Indemnification,Compliance,Confidentiality and Miscellaneous of this Agreement shall survive its termination or expiration.