Exceptions to Obligations definition

Exceptions to Obligations. The exceptions in this Section do not apply to Patient Data, PII, or PCI, which remain subject to the confidentiality obligations of this Agreement. Recipient is not subject to the confidentiality obligations of this Agreement regarding Confidential Information that Recipient can prove meets any of the following criteria: (a) is or becomes publicly available without breach of this Agreement, but only from the date that it becomes publicly available; (b) was rightfully in Recipient's possession without an obligation of confidentiality owed to Discloser before Recipient received it from Discloser; (c) was disclosed to Recipient by a third party without obligation of confidentiality owed to Discloser; or (d) is independently developed by Recipient without using any of the Confidential Information. Patient Data, PII, and PCI: If Customer permits Revcord to create, use, disclose, access, de- identify, aggregate, maintain, or transmit any of Customer's Patient Data, PII, or PCI under this Agreement, Revcord must first sign, and require its contractors to sign, an approved business associate agreement ("BAA") and data security agreement ("DSA"). The BAA and DSA are independent, stand-alone agreements and survive any termination of this Agreement. This Agreement does not amend, alter, or limit the BAA or DSA. With respect to Patient Data, PII, and PCI, if a conflict arises between this Agreement and the BAA or DSA, the BAA or DSA, as applicable, governs. Unless specifically permitted under the BAA or the DSA, Revcord may not create, use, disclose, access, de-identify, aggregate, maintain, or transmit any of Customer’s Patient Data, PII, or PCI. If Revcord fails to comply with the previous sentence or discovers Customer’s Patient Data, PII, or PCI, then Revcord will (a) notify Customer immediately in writing, and (b) follow Customer’s instructions for returning or destroying that Patient Data, PII, or PCI. Judicial Order: If a judicial or governmental request or order seeks Confidential Information, Recipient may disclose that Confidential Information as requested or ordered. But, if permitted by applicable law, Recipient must notify Discloser before disclosing the Confidential Information and cooperate with Discloser's reasonable requests in seeking a protective order or limiting the effect of that disclosure.

Related to Exceptions to Obligations

  • Special Conditions of Contract means the pages completed by the Procuring Entity entitled Special Conditions of Contract which constitute Part A of the Special Conditions.

  • Excluded Obligations has the meaning set forth in Section 2.5.

  • Retained Obligations shall have the meaning set forth in Section 2.6.

  • Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/offices/adm/hudclips/index.cfm or a successor location to that site)).

  • General Conditions of Contract means the ‘Instructions to Tenderers’ and ‘General Conditions of Contract’ pertaining to the work for which above tenders have been called for.