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If the indemnifying party assumes the defense of a claim, the indemnified party shall have the right, at its <br />expense, to participate in the defense of such claim, and the indemnifying party shall not take any final <br />action with respect to such claim without the prior written consent of the indemnified party. The parties' <br />respective rights and obligations under this Section 7 shall survive termination of the Agreement. The <br />Client's responsibilities under this section are only to the limits set forth in 768.28, Florida Statutes. <br />Interpretation <br />The provisions of this BAA shall prevail over any provisions in the Agreement that may conflict or appear <br />inconsistent with any provision in this BAA, including any prior Business Associate Agreements entered <br />into between the parties. This BAA and the Agreement shall be interpreted as broadly as necessary to <br />implement and comply with HIPAA, the Privacy and Security Rule. The parties agree that any ambiguity <br />in this BAA shall be resolved in favor of a meaning that complies and is consistent with HIPAA, and the <br />Privacy and Security Rule. The parties stipulate and agree that Business Associate may unilaterally amend <br />this BAA to comply with any changes to the Privacy and Security Rule or any other applicable law. <br />9. Non -Discrimination <br />Everside shall not discriminate against any individual on the basis of race, color, age, creed, <br />religion, sex, sexual orientation, ancestry, national origin, marital status, genetic information, <br />pregnancy or handicap/disability, nor shall Everside fail or refuse to reasonably accommodate <br />disabilities in accordance with applicable law. <br />IN WITNESS WHEREOF, the parties have executed this BAA to be effective as of the date first <br />written above. <br />EVERSIDE <br />Everside Health, LLC, on behalf of Everside <br />Health's Single Affiliated Covered Entity <br />By: <br />Name: Betsy Donat-Ardita <br />Title: Privacy Officer <br />Date: Mar1,2023 <br />CLIENT <br />Indian River County, on behalf of its group health <br />plan <br />.•ov�.jY C 0& 1 <br />6 <br />•. <br />By: G(tic,- - 'V l n <br />Name: Jo . E_a_rmanE,7 <br />Title: Chairman <br />Date: February 21, 2023 q,,.' '�o`:�• <br />. ti000111 <br />Attest: Jefrrey R. Smith, Clerk of <br />Circuit Court and Comptroller <br />sm.ww�w <br />,Jim= <br />APPROVED A5 TO FORM <br />Ail!0 L.EGAI. <br />COUNTY AWORNE' y <br />a 2022 BoAde Hcallh.11C. All rights reserved. Crmftdential. <br />28 <br />