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1994-116-RES WHEREAS, the City Council of the City of Paris is desirous of obtaining mail order pharmacy services for
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1994-116-RES WHEREAS, the City Council of the City of Paris is desirous of obtaining mail order pharmacy services for
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8/18/2006 4:32:30 PM
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4/7/2005 5:08:52 AM
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CITY CLERK
Doc Name
1994
Doc Type
Resolution
CITY CLERK - Date
9/12/1994
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<br />B) Any notices required under the terms of this Agreement shall be effective if in <br />writing and delivered by hand (against receipt) or delivered by certified mail, return receipt <br />requested, to the other party at the address shown above. <br /> <br />C) Sponsor shall have access, at reasonable intervals and during normal business <br />hours, to the records of Rx Direct relating to Participants for the purpose of ex.mining <br />records pertaining to the service rendered by Rx Direct to either the Sponsor or <br />Participants hereunder. Rx Direct, however, shall not be required to violate Participant's <br />right to privacy with regard to the provision of this contract and shall not be required to <br />:furnish records that would violate such Participant's right to privacy unlesS Rx Direct has a <br />signed waiver or release to release such information to Sponsor. <br /> <br />8. DURATION <br /> <br />This Agreement shall terminate 12 months from the effective date hereof It shall be <br />renewed automatically, however, for additional periods of 12 months, provided that <br />neither party notifies the other at least 60 days prior to end of the period that it wishes to <br />terminate. In the event either party so notifies the other, termination shall be effective the <br />end of the then current period. <br /> <br />9. FORCE MAJEURE <br /> <br />Rx Direct shall not be liable for any fililure or delay in performing all or part of its <br />obligations under the terms of this Agreement resuJting form unavailability of <br />pharmaceuticals, war acts of any person engaged in a subversive activity, sabotage, riot, <br />strikes, slow-downs, lock-outs, or labor stoppage freight embargoes, fireS; explosions, <br />flood, earthquake or other acts of God, or by-reason of the judgment, filing order of any <br />court or agency of competent jurisdiction occurring subsequent to the signing of this <br />Agreement, or any other circumstances beyond its control <br /> <br />10. INDEMNIFICATION <br /> <br />Sponsor and its officers and employees shall not be liable for any claim, injury, demand <br />or judgment based on tort or other grounds ( including warranty of merchantability), <br />arising out of the sale, compounding, dispensing, manufacturing or use of any prescription <br />drug dispensed to a Participant pursuant to this Agreement. Rx Direct hereby agrees to <br />hold Sponsor harmless against any and all such liability, provided that: <br /> <br />A) the action arises form Rx Direct's fiIilure to discharge a respOllSlbility under the <br />terms of the Agreement; <br /> <br />B) reasonable notice is given by the Sponsor to Rx Direct; and <br /> <br />s <br />
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