(d)
(e)
(f)
(g)
(h)
(i)
@)
(k)
()
(in)
City of Nashua
Amendment. The Parties agree to take such action to amend this Agreement from time to
time as is necessary for the Health Plan to comply with applicable law, including the
requirements of HIPAA, HITECH, the Privacy Rule, and the Security Standards.
Ambiguities. Any ambiguity in this Agreement shall be resolved in a manner that is
consistent with the applicable requirements under the Privacy Rule.
Notice. Any notice required to be given hereunder shall be in writing and delivered by
hand or sent by facsimile, registered or certified mail, return receipt requested, or by air
courier, to the address (or fax number) cited in the signature block of this Agreement or
to such other address (or fax number) as shall be specified by like to notice by either
Party, and shall be deemed given only when received.
Headings. The title, headings, and subheadings of this Agreement are solely for the
convenience of the Parties and do not affect the meaning or interpretation of any
provision of this Agreement.
Governing Law. Except to the extent preempted by ERISA, this Agreement shall be
governed by and enforceable in accordance with the laws of the State of New
Hampshire without giving effect to the principles of conflict of laws thereof.
Entire Agreement. This Agreement and the Service Agreement contain the entire
understanding between the Health Plan and PDA with respect to the subject matter hereof
and, except as specifically provided herein, cancels and supersedes any and all other
agreements between the Health Plan and PDA with respect to the subject matter hereof.
Any amendment or modification of this Agreement shall not be binding unless in writing
and signed by both the Health Plan and PDA.
Severability. In the event that any provision of this Agreement is determined to be invalid
or unenforceable, the remaining terms and conditions of this Agreement shall be
unaffected and shall remain in full force and effect, and any such determination of
invalidity or unenforceability shall not affect the validity or enforceability of any other
provision of this Agreement.
No Benefit to Others. The representations, covenants and agreements contained in this
Agreement are for the sole benefit of the Parties, and they shall not be construed as
conferring, and are not intended to confer, any rights on any other persons.
Counterparts. This Agreement may be signed in counterparts, each of which shall be an
original, with the same effect as if the signatures thereto and hereto were upon the same
instrument.
8 BAA Revised October 2013
