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H. Be responsible for the acts and omissions of all users of the Medical Records <br />Software at the Facilities and for remote access thereto by anyone on behalf of COUNTY/FACILITY to <br />medical records stored on-site and/or off-site; <br />l. Be responsible with the FACILITY for the acts and omissions of all users of the <br />Medical Records Software at the Facilities and remote access by any one on behalf of or through <br />FACILITY and/or the COUNTY to medical records stored on-site and/or off-site; <br />J. Be responsible with the medical and billing staff at the FACILITY for the form, <br />content, completeness and accuracy of all medical records, coding and billing; <br />K. Be responsible with the FACILITY for all privacy pertaining to on-site medical <br />records, whether stored electronically or otherwise, including state and federal privacy laws and including <br />HIPAA and the HIPAA Security Rule; <br />L. Be responsible with the medical staff at the FAClLlry for all medical care <br />including diagnosis, treatment and medication dispensing for all inmates at the FACILITY; and <br />M. Enter into and fully comply with the terms and provisions of the accompanying <br />Software License Agreement. <br />3. EXCLUSIONS. CoTEMR shall have no responsibility or obligation to the COUNTY, the <br />FACILITY, any inmates at the FACILITY, or to any third persons or legal entities for or arising out of any <br />of the COUNTY'S responsibilities and obligations as set forth in Section 2 above or for any failure to <br />perform such responsibilities and obligations. Notwithstanding anything in this Agreement to the contrary, <br />CoTEMR shall have no responsibility or liability of any kind or nature for any and all aspects of any and all <br />of the following: <br />A. Any and all aspects of the Serve(s); the location, maintenance, repair, <br />replacement and security of the Serve(s)' the control of or responsibility for the Serve(s); and all other <br />aspects of the Server(s), including, without limitation, electrical power availability, backup, environmental <br />controls including humidity and temperature, and/or all other physical aspects of the Server(s); <br />B. The input, form, content, completeness and/or accuracy of any medical records, <br />coding or billing; <br />C. Security, access to and privacy of the applicable computer hardware, electronic <br />medical records, and user names, passwords, credentials, keys, and encryption; <br />D. Remote access for anyone on behalf of or through the COUNTY to medical <br />records stored on-site and/or off-site; <br />E. Maintaining privacy pertaining to on-site medical records, whether stored <br />electronically or otherwise, including compliance with state and federal privacy laws and including <br />HIPAA and the HIPAA Security Rule, if applicable; and <br />F. The medical care including diagnosis, treatment and medication dispensing for <br />any and all inmates at the FACILITIES. <br />4. PROPRIETARY PROTOCOL FORMS. The COUNTY or the FACILITY may have <br />developed and own certain proprietary protocol forms for assisting the FACILITY'S medical staff in <br />efficiently providing medical services to inmates in the FACILITY. At no additional cost, COREMR agrees <br />to exercise reasonable efforts to integrate all COUNTY/ FAClLlry adaptable protocol forms, if any, into <br />the Medical Records Software used by COUNTY at the FACILITY. Attached hereto as Schedule 2 is a list <br />J