4. HIPPA Statement. Each Party hereby represents and warrants to the other Party it that it
shali comply with the requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPPA”), the Health Information Technology for
Economic and Clinical Health Act of 2009 (“HITECH”), 42C.F.R. Part 2, and the NH
state confidentiality laws, each as may be amended from time to time. The Parties have
independent knowledge of the requirement of these laws and their obligations under
them. Moreover, contemporaneously with the execution of this MOU related to quality
and other ongoing performance measures, Revive shall execute the City’s standard
Business Associate Agreement, which shall be incorporated into this agreement by
reference. City at its sole discretion, shall have the opinion to terminate this agreement
immediately with written notice to Revive in the event of a breach of this representation
and warranty.
5. Insurance. During the term of this MOU, Revive shall maintain in full force and effect
insurance in such amounts and with such limits of liability and covering risk of the type
normally insured against by other entities in the same line of business as such party,
including but not limited to (i) Worker’s Compensation and Employer’s Liability
Insurance coverage as required by applicable law; and (i1) commercial general liability
insurance and professional liability, including so-called tail insurance coverage, if
applicable, with limits of at least $1,000,000 per occurrence and at least $3,000,000 in the
ageregate with an insurer qualified to do business in the state and having a Best Rate of A
or better. Upon request of City of Nashua, Revive shall provide evidence of such
insurance.
6. Indemnification. Revive agrees to indemnify, defend, and hold harmless City from and
against all costs, losses, claims, expenses (including reasonable attorney fees), and
liabilities which City may incur as a result of Revive’s, or one of its Peer Recovery
Coach’s or CRSW’s, negligence, including omissions, breach of this MOU, or failure to
perform services in the manner required by law or local practice. City agrees to
indemnify, defend, and hold harmless Revive from and against all costs, losses, claims,
and expenses (including reasonable attorney fees) and liabilities which Revive may incur
as a result of City’s negligence, including omissions, breach of this MOU, or failure to
perform its obligations set or hereunder in the manner required.
7. Miscellaneous.
a. Inno event shall this MOU be construed as establishing a partnership, joint
venture, agency, or similar relationship between the Parties hereto, and nothing
herein contained shall be construed to authorize either Party to act as an agent for
the other Party. Revive will work independently and will not receive training or
direction from City. Revive will assume full responsibility for the compliance will
all applicable laws.
b. Each Party represents and warrants that is has the right, authority, and power to
enter into this MOU.
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