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nature disclosed by Administrator hereunder and shall use such information only for
<br /> proper and lawful purposes .
<br /> 15 . Employer, Consultant and Reinsurer shall comply with all state and federal laws
<br /> regulating the disclosure of patient records or private and medically sensitive information
<br /> released pursuant to this Agreement, including without limitation, alcohol and drug
<br /> abuse patient records, information relating to treatment of alcohol or drug dependency,
<br /> HIV testing results, and psychological or psychiatric evaluation.
<br /> 16 . To the extent permitted by law, Employer agrees to indemnify, defend, and hold
<br /> Administrator and each of its officers, directors, employees , agents, and other
<br /> representatives (collectively, "Administrator' s Related Parties") harmless from any
<br /> liability and reasonable attorneys ' fees and costs (collectively, "Liability") , that
<br /> Administrator or Administrator' s Related Parties may incur arising out of the disclosure
<br /> of Confidential Information to Employer including, without limitation, any Liability
<br /> incurred as a result of a breach by Employer of any applicable law, regulation, or other
<br /> legal mandate or any provision of this Agreement.
<br /> 17 . Consultant agrees to indemnify, defend, and hold Administrator and Administrator ' s
<br /> Related Parties harmless from any actual or threatened legal or administrative action,
<br /> claim, liability, penalty, fine, assessment, lawsuit, litigation, or other loss, expense, or
<br /> damage, including without limitation reasonable attorneys ' fees and costs (collectively,
<br /> "Liability") , that Administrator or Administrator' s Related Parties may incur arising out
<br /> of or in connection with any actual or alleged breach by Consultant or any of
<br /> Consultant' s Related Parties of any applicable law, regulation, or other legal mandate or
<br /> any provision of this Agreement.
<br /> 18 . Reinsurer agrees to indemnify, defend, and hold Administrator and Administrator ' s
<br /> Related Parties harmless from any actual or threatened legal or administrative action,
<br /> claim, liability, penalty, fine, assessment, lawsuit, litigation, or other loss , expense, or
<br /> damage, including without limitation reasonable attorneys ' fees and costs (collectively,
<br /> "Liability"), that Administrator or Administrator' s Related Parties may incur arising out
<br /> of or in connection with any actual or alleged breach by Reinsurer or any of Reinsurer ' s
<br /> Related Parties of any applicable law, regulation, or other legal mandate or any provision
<br /> of this Agreement.
<br /> 19 . Employer, Consultant, and Reinsurer acknowledge and agree that Administrator operates
<br /> in a highly regulated and competitive environment and that the unauthorized use or
<br /> disclosure of Confidential Information will cause irreparable harm and significant injury
<br /> to Administrator, which will be difficult to measure with certainty or to compensate
<br /> through money damages . Accordingly, Administrator shall be entitled to seek injunctive
<br /> or other equitable relief, without bond, and/or specific performance as a remedy for any
<br /> breach of this Agreement. Such remedy shall not be deemed to be the exclusive remedy
<br /> for a breach of this Agreement, but shall be in addition to all other remedies available at
<br /> law or in equity .
<br /> 20 . It is understood and agreed that no failure or delay by Administrator in exercising any
<br /> right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single
<br /> ASA Conf . doc 8 -26-04 revised 1 -7 -2005 dhb 5
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