• (b) Client Marks. The Client grants to TimelyCare, throughout the Term, the non-exclusive right and license to use the common law and/or registered trademarks of the Client (the "Client Marks") solely in connection with the Services, which shall include, without limitation, use of the Client's logo on (i) TimelyCare's promotional materials; and (ii) TimelyCare's website. TimelyCare acknowledges the Client's ownership of the Client Marks and agrees that it will not contest such ownership or the validity of the Client Marks. All trademark and service mark rights arising from the use of the Client Marks hereunder by TimelyCare shall inure to the benefit of the Client. TimelyCare agrees that its right to use the Client Marks under this Agreement is conditioned upon TimelyCare taking steps to assure that the nature and quality of its activities carried out under the Client Marks are consistent with standards that will be established by Client from time to time during the Term.

7. INSURANCE.

  • Neither Party shall have liability to the other Party for indirect, special, incidental, or consequential damages arising out of this Agreement.
  • TimelyCare shall, throughout the duration of this Agreement, at its expense, carry and from time to time renew, the following insurance with respect to itself and the Providers:
  • Medical Malpractice Insurance in the minimum amount of $1,000,000 per occurrence/$3,000,000 in the aggregate; and
  • Comprehensive General Liability Insurance in the minimum amount of $1,000,000 combined single limit covering both Bodily Injury and Property Damage including broad form contractual liability coverage for TimelyCare's indemnification as provided for in this Agreement.

8. CONFIDENTIALITY.

  • Neither Party, except as required by law or court or arbitrator of competent
  • a Party subsequently acquires by lawful means from a third party without any obligation of confidentiality to that third party.
  • The Parties acknowledge that monetary damages for breach of this Section 8 will be inadequate and that, in addition to any other remedy the non-breaching Party or parties may have, the non-breaching Party or parties will be entitled to injunctive or other equitable relief to restrain any such breach or threatened breach, without any bond or other security being required. This Section 8 shall survive termination of this Agreement for any reason.
  • To the extent the services are regulated by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“ HIPAA”) or involve information that

5