This shall set forth the terms and conditions regarding the use of testing services provided by Quicksilver Scientific, LLC (“Quicksilver Scientific”) by the undersigned health care provider (“Customer”) using such services (“Agreement”).

  1. Use of Quicksilver Scientific services.  Quicksilver Scientific hereby grants Customer the right to use Quicksilver Scientific testing services contingent upon the Customer executing this Agreement and complying with the terms and conditions set forth herein.  The Customer further agrees to provide written notification to Quicksilver Scientific of any changes in the use of such services or other matters that may require a change or modification to this Agreement.
  2. Limitation of Quicksilver Scientific liability.  Customer understands and agrees that Quicksilver Scientific, and its affiliates, subsidiaries, officers, directors, employees, and agents are not licensed healthcare practitioners, and shall not be relied upon or substituted for the skill, knowledge and judgment of healthcare practitioners relating to patient care under any circumstances.  Customer further agrees and understands that Quicksilver Scientific does not assume any liability or responsibility for any information, instruction or guidance it may provide relating to testing or other services used by Customer in the delivery or administration of healthcare services, nor shall any such liability or responsibility be delegated to Quicksilver Scientific by any third party.
  3. Legal and regulatory compliance.  Customer agrees to comply with all federal, states, and local laws and regulations regarding the application and use of all Quicksilver Scientific services, and to take all necessary steps to ensure that such compliance is maintained at all times.
  4. Hold Harmless and indemnification.  Customer agrees to indemnify and hold Quicksilver Scientific harmless against all liability and/or claims of any nature or form arising out of or relating to the use of Quicksilver Scientific services, including the cost of defense relating to any such claims.
  5. Governing law.  This Agreement shall be governed in accordance with the laws of the State of Colorado without regard to conflict of laws, principles, and any action brought in connection with this Agreement or other matters between parties shall be brought in state or federal court in the state of Colorado.

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