Complete Application Documents Pack - ISCD

Agreement, Facility will not acquire any right, title or interest in or to the Marks. Facility
acknowledges that ISCD is and shall remain the owner of all rights in and to its name and
Marks and Facility will not take any action nor fail to act, the result of which would cause the
validity of the Marks or ISCD’s ownership thereof to be called into question. Upon revocation
or loss of accreditation, all rights conveyed to Facility with respect to use of Marks shall
cease.
6.1. In the event that the Facility meets the eligibility requirements and is granted
accreditation by the Facility Accreditation Committee, the Facility grants a license to ISCD to
use the Facility’s name and logo on the ISCD website and in other ISCD materials and
publications.
7. Indemnification. The Facility hereby agrees to hold harmless and indemnify the ISCD
directors, officers, employees, agents, volunteers, and sponsoring organizations with respect
to any and all claims, damages, judgments, losses, costs, and expenses, including
reasonable attorney’s fees, which may arise from or relate to this Agreement or the Facility’s
participation in the accreditation process, including the findings and recommendations as to
the Facility or lack thereof, disclosure of the accreditation status of the Facility, and any
actions that may be taken by any person as a result of the accreditation process or the
Facility’s status with respect to accreditation, and for Facility’s violations of the Health
Insurance Portability and Accountability Act (“HIPAA”), the Privacy and Security Rules, and
any other applicable law or rule, unless such damage or loss results from the sole gross
negligence, or willful misconduct of the ISCD, its directors, officers, employees, agents,
volunteers or sponsoring organizations.
8. Governing Law. Any controversies under this Agreement will be governed by and subject
to the laws of the State of Connecticut. Any claim or cause of action arising out of or
connected with this Agreement shall be brought exclusively in either the local or federal
courts of the State of Connecticut, and the parties hereto consent to submit to the personal
jurisdiction of such courts, and waive all objections to such jurisdiction and venue.
9. Remedies. No remedy conferred upon any party by this Agreement is intended to be
exclusive of any other remedy, and each and every such remedy shall be cumulative and
shall be in addition to any other remedy given hereunder or now or hereafter existing in law or
in equity.
10. Miscellaneous. This Agreement represents the entire agreement of the parties and
supersedes any other understanding of the parties concerning the subject matter herein.
There are no other representatives, covenants, arrangement, or understandings, either
written or oral, between the parties relating to the subject matter, which are not fully
expressed herein or have been relied upon in entering into this Agreement.
11. Term. This Agreement shall be effective from the date of Facility’s signature below
through three (3) years after the date accreditation is granted.
The Facility certifies that they have read this Agreement in its entirety and that the attached
completed application is an accurate, true and complete description of the Facility and that
the undersigned is authorized to sign this Agreement on behalf of the Facility.
By signing this Agreement, the Facility gives ISCD permission to contact third parties,
investigate, request and obtain additional information and documentation, and otherwise
verify the information contained in the attached completed application.
4