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System Agency Contract No.HHSREV100001023 <br />by law, Contractor's obligation to defend, indemnify and hold harmless any Indemnified Party will survive <br />the expiration or termination of this DUA. <br />Section 6.08 Insurance <br />(A) Contractor represents and warrants that it maintains either self-insurance or commercial <br />insurancewith policy limits sufficient to cover any liability arising from any acts or omissions by <br />Contractor or its employees, directors, officers, Subcontractors, or agents or other members of its Workforce <br />under this DUA. Contractor warrants that System Agency will be a loss payee and beneficiary for any such <br />claims. . <br />(B) Contractor will provide System Agency with written proof that required insurance <br />coverage is in effect, at the request of System Agency. <br />Section 6.09 Fees and Costs <br />Except as otherwise specified in this DUA or the Base Contract, including but not limited to <br />requirements to insure or indemnify System Agency, if any legal action or other proceeding is brought for the <br />enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, <br />misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will <br />bear their own legal expenses and the other cost incurred in that action or proceeding. <br />Section 6.10 Entirety of the Contract <br />This Data Use Agreement is incorporated by reference into the Base Contract and, together with the <br />Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of <br />obligations arising under those documents will be valid unless in writing and executed by the party against <br />whom such change, waiver, or discharge is sought to be enforced. <br />Section 6.11 Autoneatic Arnendnreirt arrd Iirterpretatiorr <br />Upon the effective date of any amendment or issuance of additional regulations to HIPAA, or any <br />other law applicable to Confidential Information, this DUA will automatically be ,amended so that the <br />obligations imposed on System Agency or Contractor remain in compliance with such requirements. Any <br />ambiguity in this DUA will be resolved in favor of a meaning that permits System Agency and Contractor to <br />comply with HIPAA or any other law applicable to Confidential Information. <br />System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015 <br />Page 11 of 11 <br />