Pharmacy Cutover Plan

PHARMACY CUTOVER PLAN

Parties and Recitals

Pharmacy Name:

Vendor Name:

Effective Date:

WHEREAS, Pharmacy Name and Vendor Name have agreed that Vendor Name will perform the systems and operations transition described in this Pharmacy Cutover Plan to migrate pharmacy dispensing, inventory and clinical workflows from the legacy environment to the replacement environment;

WHEREAS, the parties intend to minimize disruption to patient care, preserve data integrity, and ensure regulatory compliance during and after cutover by following the tasks, responsibilities, schedule, verification, and rollback procedures set forth herein;

WHEREAS, this Cutover Plan is incorporated into and governed by the underlying services agreement between the parties and serves as the operative plan for the cutover activities identified below.

Scope of Work

Roles, Responsibilities and Contacts

Cutover Phases and Schedule

Pre-Cutover Start Date:    Pre-Cutover End Date:

Cutover Window Start:    Cutover Window End:

Data Migration and Verification

Testing, Training and Support

Contingency and Rollback

Acceptance Criteria and Signoff

Payment Terms

Total Fee:

Late Payment Fee:

Term and Termination

Term Commencement:    Term Expiration:

Confidentiality

Each party shall maintain the confidentiality of Confidential Information disclosed in connection with this Cutover Plan. Confidential Information includes, without limitation, patient data, configuration files, passwords, test results, and migration artifacts. Receiving party shall use at least the same degree of care to protect Confidential Information as it uses to protect its own confidential information but in no event less than reasonable care.

Confidentiality obligations do not apply to information that is or becomes publicly available through no breach of this agreement, was independently developed, or is required to be disclosed by law, provided the disclosing party is given prompt notice to seek protective measures. The confidentiality obligations shall survive termination of this Plan for a period of three (3) years, or longer if required by applicable health information laws.

Liability, Governing Law and Entire Agreement

Liability for breaches of this Cutover Plan is subject to the limitations and indemnities set forth in the parties' underlying services agreement. Nothing in this Plan shall be construed to expand or reduce the liability provisions of that agreement except as expressly set forth herein.

Governing Law: The validity, interpretation and enforcement of this Cutover Plan shall be governed by the laws of the state specified in the parties' services agreement. Disputes arising under this Plan shall be resolved in accordance with the dispute resolution provisions of the services agreement, provided that emergency injunctive relief may be sought in any court of competent jurisdiction to prevent imminent harm to patient safety or data integrity.

Entire Agreement: This Cutover Plan, together with the associated Statement of Work and the parties' services agreement, constitute the entire agreement between the parties with respect to the cutover activities and supersede all prior proposals, representations, and communications, whether written or oral, relating to the subject matter hereof.

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