Common use of Users of the Services Clause in Contracts

Users of the Services. (a) Supplier will provide the Services to Health Net and, as designated by Health Net from time to time, its Affiliates, Former Health Net Affiliates, licensees, customers, providers, contractors and other entities with whom Health Net has a business relationship with Health Net which is broader than the mere resale of Services (each such entity a “Service Recipient”) for the Charges provided in Schedule C. For purposes of this Agreement, Services provided to such entities shall be deemed to be Services provided to Health Net. (b) With respect to Former Health Net Affiliates, Supplier will continue to provide the Services being provided as of the date of divestiture to such Former Health Net Affiliates under this Agreement as is requested by Health Net for as long as such entity continues to meet the definition of “Former Health Net Affiliate” (or such shorter period of time designated by Health Net). There shall be no additional charge or fee (i.e., in addition to the Charges for the actual Services as provided in this Agreement) for the provision of Services to Former Health Net Affiliates; provided if Health Net requires Supplier to make changes to its operations in order to continue providing Services to a Former Health Net Affiliate (e.g., create a separate infrastructure environment), the Parties shall allocate any incremental costs required to implement such changes through the Change Control Process.

Users of the Services. (a) Supplier will provide the Services to Health Net and, as designated by Health Net from time to time, its Affiliates, Former Health Net Affiliates, licensees, customers, providersproviders (e.g., physicians, medical groups, hospitals., etc), contractors and other entities with whom which Health Net has a business relationship with Health Net which is broader than the mere resale of Services (each such entity a “Service Recipient”) for the Charges provided in Schedule C. ). For purposes of this Agreement, Services provided to such entities shall be deemed to be Services provided to Health Net. The following apply with respect to all Service Recipients: (i) Health Net shall be directly responsible for (A) the payment of all Charges associated with Supplier’s provision of Services to Service Recipients under this Agreement and (B) as and to the extent related to any Service Recipient’s use of the Services, the performance, breach or other wrongful conduct of any such Service Recipient; and (ii) notice provided by Supplier to Health Net under this Agreement will constitute notice to Service Recipients, and Service Recipients will send notices required by this Agreement to Supplier only through Health Net. (b) With respect to Former Health Net Affiliates, Supplier will continue to provide the Services being provided as of the date of divestiture to such Former Health Net Affiliates under this Agreement as is requested by Health Net for as long as such entity continues to meet the definition of “Former Health Net Affiliate” (or such shorter period of time designated by Health Net). There shall be no additional charge or fee (i.e., in addition to the Charges charges for the actual Services as provided in this Agreement) for the provision of Services to Former Health Net Affiliates; provided if Health Net requires Supplier to make changes to its operations in order to continue providing Services to a Former Health Net Affiliate (e.g., create a separate infrastructure environment), the Parties shall allocate any incremental costs required to implement such changes through the Change Control Process.