Software Agreement - MHIN, Inc. - Management for Mobile Integrated Community Health Outreach Program

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mhin requirements applicable solely to Practice regarding Practice's adoption and meaningful use of electronic health records to be eligible for such reimbursement incentives. 2. Services a. Implementation Plan. Commencing on the Effective Date, the Parties shall work diligently and collaboratively to develop the Project Plan as soon as practicable after the Effective Date but no later than thirty (30) days following such Effective Date. The Project Plan shall detail the services to be performed by MHIN as stated in Exhibit C. b. Implementation. MHIN will use commercially reasonable efforts to perform the implementation services identified in Exhibit C, including the design, development, installation, implementation, configuration, training, custom programming, if any, Data Conversion, if any, and other services with respect to the implementation of the MHIN Service. Such transition shall be accomplished by MHIN substantially in accordance with the Implementation Plan and Exhibit C provided that Practice provides prompt access to necessary personnel, including vendor personnel, and equipment consistent with the Implementation Plan, Exhibit C, and Practice's obligations hereunder. c. Data Conversion. If Data Conversion is reasonably necessary or desired by Practice, MHIN may, in its sole discretion, perform Data Conversion for an additional fee or may recommend a third party to perform Data Conversion for Practice and Practice will be required to independently contract directly with and make payments to such third party, for any such Data Conversion. MHIN makes no representations or warranties, and accepts no liability, related thereto. d. Training. MHIN will provide reasonable training services for Practice and any additional training requested by Practice may result in additional charges to Practice. e. Support Services. MHIN will provide support for the EHR services. All support issues will be directed to MHIN, and not to any of MHIN's suppliers, unless MHIN specifically authorizes otherwise. The Practice will designate an individual (and one or more back-ups) or department ("Designated Person") to coordinate support services at the Practice's location. Help -Desk Support. MHIN will provide Help -Desk support Monday through Friday from 7.30 a.m. until 5:00 p.m. MHIN will provide on -call services ("Emergency On - Call") from 5:00 p.m. until 7:30 a.m. Monday through Friday and all day on Saturday and Sunday. Additional information regarding the MHIN Help -Desk is provided in Exhibit L. f. Miscellaneous Services. Any additional services for Practice will be performed on a time and materials work basis, subject to mutual written agreement by the Parties as to the scope of such services and the applicable fees therefore. 3. MHIN Responsibilities a. Scope of Services. MHIN is obligated to satisfactorily perform the mutually agreed upon responsibilities set forth in the agreed upon Scope of Services, attached hereto as Exhibit C. b. Services Availability. MHIN will use reasonable efforts to make the EHR available to Practice twenty-four (24) hours a day, seven (7) days a week, except for maintenance scheduled by MHIN upon advance notice to Practice. MHIN is committed to making the data within the EHR available 98% of the time or more. C. Backup, MHIN will back up all data on the EHR on a regularly scheduled basis, no less frequently than daily. MHIN will store the daily backups off site for a period of time necessary to ensure recovery of lost data. Daily backups of the entire system will remain available for no less than 2 weeks. Backup copies of individual files or results will remain available for 60 days within the interface log files. d. Disaster Recovery. MHIN will, always, have in place a disaster recovery plan, with immediate planned responses to emergency situations. MHIN Form #3013 Revised: 0810812014 Page 7 of 19