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D. Scheduled Maintenance. CorVel will use reasonable efforts to(i)perform any scheduled downtime outside of Customer's <br /> normal business hours,(ii)notify Customer of all scheduled downtimes at least seventy-two(72)hours in advance,and(iii)perform <br /> software updates to the CareMC Application with minimal disruption to Customer's use of the Online Services. <br /> E. System Monitoring. CorVel will use reasonable efforts to continuously monitor its web servers and database servers to <br /> ensure that they are functioning properly. <br /> F. Security. CorVel will implement and use commercially best efforts to maintain secure systems through the use of <br /> firewalls,virtual private networks(VPN),and other security technologies. CorVel will use reasonable efforts to immediately report <br /> to Customer any security violations that affect the data of Customer. <br /> G. Disaster Recovery and Backup. CorVel will use reasonable efforts to perform nightly backups of essential data on its <br /> web servers and database servers. CorVel has implemented third party backup and restoration technology to enable high speed <br /> recovery of data. CorVel utilizes redundant load balanced industry standard servers and Microsoft's Azure cloud for 24x7,365 <br /> day access, except for regularly scheduled system maintenance and upgrade processes. SQL Server databases are hosted on <br /> clustered servers offering fall-over capability, redundant communication links, and load balanced application servers. Backup <br /> tapes are restored into a test environment not less than quarterly to confirm validity of backups. The CareMC Site has redundant <br /> inbound Internet and Intranet connectivity. <br /> H. Professional Managed Care Services.If Customer requires any additional professional services relating to the CareMC <br /> Application or Online Services from CorVel including but not limited to integration with Customer's electronic data interfaces <br /> (EDIs)or other Customer systems, Customer shall submit a written request to CorVel for such services. CorVel shall,in good <br /> faith,consider providing such services at its then-current professional services fee rate and standard terms and conditions. <br /> 4. REPRESENTATIONS AND WARRANTIES <br /> A. Customer Representations. Customer represents that(i)it has the legal authority to provide the Customer Data to CorVel <br /> hereunder,and(ii)it is fully aware and knowledgeable of and shall comply with its duties and responsibilities with respect to the <br /> privacy and confidentiality of medical records and protected health information under applicable federal and state laws,including <br /> but not limited to those imposed by HIPAA. Upon written notice to Customer, CorVel may modify or temporarily suspend <br /> Customer's access to and use of the CareMC Application,Online Services and/or CareMC Site as necessary to comply with any <br /> law or regulation. <br /> B. CorVel Warranties. CorVel warrants that(i)it shall use commercially best professional practices and good workmanship <br /> in providing the CareMC Application,and(ii)Customer support will be performed consistent with generally accepted industry <br /> standards.These warranties extend only to Customer. <br /> C. CorVel represents and warrant that nothing in the CareMC Application,Documentation,CareMC Site,Online Services, <br /> CorVel Content, not customer's use thereof, will infringe upon or otherwise constitute a misappropriation of the intellectual <br /> property rights of any other party. <br /> 5. DISCLAIMERS AND LIMITATIONS OF LIABILITY <br /> A. Disclaimers.TO THE EXTENT ALLOWED BY APPLICABLE LAW,EXCEPT FOR THE LIMITED WARRANTIES <br /> DESCRIBED IN SECTION 4B ABOVE, CORVEL MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR <br /> STATUTORY,AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS <br /> FOR A PARTICULAR PURPOSE AND SATISFACTORY QUALITY. CUSTOMER SPECIFICALLY <br /> ACKNOWLEDGES AND AGREES AS FOLLOWS: <br /> (i) Internet Usage.Customer acknowledges that the Internet is essentially an unregulated,insecure and unreliable <br /> environment, and that the ability of Customer to access and use the CareMC Application is dependent on the Internet and <br /> hardware, software and services provided by various Third Party Providers. CORVEL SHALL NOT BE RESPONSIBLE <br /> FOR CUSTOMER'S INABILITY TO ACCESS OR USE THE CAREMC APPLICATION TO THE EXTENT SOLELY <br /> CAUSED BY FAILURES OR INTERRUPTIONS OF ANY HARDWARE,SOFTWARE OR SERVICES PROVIDED BY <br /> CUSTOMER OR THIRD PARTY PROVIDERS. <br /> (ii) CareMC Application. CUSTOMER ACKNOWLEDGES AND AGREES THAT CORVEL DOES NOT <br /> WARRANT THAT THE CAREMC APPLICATION OR ONLINE SERVICES ARE ERROR FREE,THAT CUSTOMER <br /> WILL BE ABLE TO ACCESS OR USE THE CAREMC APPLICATION OR ONLINE SERVICES WITHOUT PROBLEMS <br /> OR INTERRUPTIONS,OR THAT THE CAREMC SITE AND CAREMC APPLICATION ARE NOT SUSCEPTIBLE TO <br /> INTRUSION,ATTACK OR COMPUTER VIRUS INFECTION. <br /> (iii) Network Intrusions. CUSTOMER AGREES THAT CORVEL WILL NOT BE LIABLE FOR DAMAGES <br /> ARISING FROM ANY BREACH,UNAUTHORIZED ACCESS TO,MISUSE OF,OR INTRUSION INTO,CUSTOMER <br /> DATA RESIDING ON CORVEL'S SERVER(S)OR ANY NETWORK USED BY CUSTOMER TO THE EXTENT SUCH <br /> DAMAGES WERE BEYOND CORVEL'S REASONABLE CONTROL. <br /> B. Exclusion of Damages. <br /> (i) Exclusion of Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, <br /> INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES(INCLUDING BUT NOT <br /> LIMITED TO LOST PROFITS OR LOST REVENUES) UNDER THIS AGREEMENT, WHETHER OR NOT <br /> FORESEEABLE AND REGARDLESS OF WHETHER CLAIMS UNDER THIS AGREEMENT ARE BROUGHT UNDER <br /> TORT,CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY. <br /> City of Everett WA CareMC License Agreement with My Care App 6-1-18 <br />