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APPENDIX TWO

or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University's or the state's sovereign immunity to suit and (ii) University has not waived its right to seek redress in the courts.

  • (2)

    The submission, processing and resolution of Contractor’s claim is governed by the published rules adopted by the Texas Attorney General pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended.

  • (3)

    University and Contractor agree that any periods set forth in this Agreement for notice and cure of defaults are not waived.

  • v.

    [This provision may be deleted if this Contract does not relate to computer information systems, including hardware and software: Technology Access Clause. In accordance with Section 2157.005, Texas Government Code, Contractor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, Contractor represents and warrants to University that the technology provided to University for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: (1) providing equivalent access for effective use by both visual and nonvisual means; (2) presenting information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; and (3) being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this Section, the phrase "equivalent access" means substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services that would constitute reasonable accommodations under the federal Americans with Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance.]

  • w.

    [This provision may be deleted if this Agreement does not relate to and the Contractor does not have access to health information: HIPAA Compliance. Contractor agrees to keep private and to secure any information provided by University that is considered either Individually Identifiable Health Information (“IIHI”) by the Health Insurance Portability and Accountability Act of 1996, codified at 42 USC § 1320d through d-8 (“HIPAA”), or Protected Health Information (“PHI”) as promulgated in 45 CFR Part 164 (“HIPAA Privacy Regulations”) and 45 CFR Part 142 (“HIPAA Security Regulations”) should the HIPAA Security Regulations become final and effective. Contractor agrees to only use and disclose PHI (i) received from, (ii) used, created, received, maintained or disclosed by University, or (iii) otherwise associated with University (collectively, “University PHI”) as required to perform the services outlined in this Agreement, which services may include the proper management and administration of this Agreement and data aggregation services for the health care operations of University. Contractor will not use or further disclose University PHI other than as permitted under this Agreement and Contractor will use appropriate safeguards to prevent the use or disclosure of University PHI for any reason other than as provided by this Agreement. Contractor agrees to

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