Common use of Responsibility for Conduct Clause in Contracts

Responsibility for Conduct. As between the Participant and the NDHIN, the NDHIN is solely responsible for all acts and omissions of the NDHIN with respect to the Hosted System, the Hosted Applications, including any confidential or other information accessed in connection with the NDHIN, and all such acts and omissions, including the acts or omissions of its Administrative Users, shall be considered to be the acts and omissions of the NDHIN. In addition, as between the Participant and the NDHIN, the NDHIN shall be solely responsible for all acts or omissions of any other individual who accesses the Hosted System or uses the Hosted Applications either through the NDHIN or by use of any password, identifier or log-on received or obtained from the NDHIN if the access or use was due to the negligent or intentional failure of the NDHIN to comply with its obligations under this Agreement.