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API LICENSE AGREEMENTThis API License Agreement (“Agreement”), effective as of the date of the final signature to thisAgreement (the “Effective Date”), is entered into by and between the National Commission onCertification of Physician Assistants Inc. (“NCCPA”), having offices at 12000 Findley RoadSuite 100, Johns Creek, GA 30097-1409, and the organization represented by the individualexecuting this agreement (“Partner”). As used in this Agreement, “Party” means either NCCPAor Partner, as appropriate, and “Parties” means NCCPA and Partner.1.DEFINITIONSCertain terms used in this Agreement are defined in the attached Glossary (Exhibit1). Other terms are defined in the context in which they are used and have the meaningsthere indicated. Those terms, acronyms and phrases used in the information technologyindustry shall be interpreted in accordance with their generally understood meanings insuch industry.2.DATABASE AND APPLICATION PROGRAM INTERFACEThis Agreement is being made and entered into with reference to the following:(a)NCCPA has developed an online repository (the “Database”) of NCCPA Data. Inconnection with the services NCCPA provides to physician assistants (“PAs”),NCCPA has also developed a Category 1 CME application program interface(Category 1 CME API”) to provide an interface to the Database to which Partnermay have access pursuant to the terms of this Agreement.The Category 1 CME API is NCCPA’s service that allows preapproved licenseesto retrieve lookup list data related to Category 1 CME (“Lookup List Data”) andto submit CME activities on behalf of the PA for Category 1 CME earned(“Category 1 CME Data”). The Category 1 CME API consists of an API thatincludes calls to retrieve sponsor and provider specific information and to submitCategory 1 CME activities on behalf of the PA. In order to submit activities onbehalf of the PA, the licensee must implement the PA Account Direct Connect(“PA Account Direct Connect”) process, which will allow the PA to connect tohis or her account on the NCCPA system and electronically consent to licenseeestablishing a connection on the PA’s behalf. The details on PA Account DirectConnect, available API calls and format of the results are defined in the Category1 CME API documentation located at http://api.nccpa.net/help. NCCPA mayrelease subsequent versions of the Category 1 CME API and require Partner toobtain and use the most recent version. New versions may not be compatible witha previous version used by Partner. NCCPA will identify release versions athttp://api.nccpa.net/help.(b)In accordance with the terms of this Agreement, Partner may have access to all orpart of the Category 1 CME API and certain NCCPA Data, and Partner may provide1
certain Partner Data to NCCPA. This Agreement documents the terms andconditions under which: (i) NCCPA will license NCCPA Data to Partner andprovide Partner a right to access the Category 1 CME API; and (ii) Partner willlicense Partner Data to NCCPA.3.FEES AND PAYMENT TERMS3.1CompensationIn consideration of NCCPA’s costs and labor to establish and maintain an initial 30-daypilot Category 1 CME API and to maintain the production Category 1 CME API, Partnershall pay NCCPA a one-time fee of 2,000.00 and an annual fee of 5,000.00. NCCPAwill provide twenty (20) API technology support hours per year and Partner shall payNCCPA 125.00 per hour for any additional technology support hours.3.2Payment TermsNCCPA will invoice Partner within thirty (30) days of the Effective Date for the 7,000.00fee and monthly for any additional API technology support hours. Partner shall pay theinvoiced amount within thirty (30) days of the date of the invoice. NCCPA reserves theright to terminate the Partner’s access to the Category 1 CME API after ninety (90) daysof non-payment.NCCPA will invoice Partner for its annual fee for automatic renewal terms thirty (30) daysprior to the anniversary of the Effective Date. NCCPA may modify its annual fees for anyupcoming automatic renewal term by providing Partner with sixty (60) days written noticeprior to the start of such automatic renewal term. NCCPA may modify its fees for anyupcoming automatic renewal term by providing Partner with sixty (60) days written noticeprior to the start of such automatic renewal term.4.NCCPA OBLIGATIONS(a)All services shall be performed by NCCPA in a competent, timely, and professionalmanner by NCCPA employees and contractors that have the requisite expertise andproper skill, training and background.(b)Partners shall contact NCCPA for API technology support by sending an e-mail toapisupport@nccpa.net. NCCPA will provide API technology support duringNCCPA Office Hours, with the exception of NCCPA holidays. NCCPA OfficeHours are from 8:30 a.m. to 5:00 p.m. EST, Monday through Friday. Any APItechnology support requests sent to NCCPA after Office Hours will be addressedas soon as possible the next day that NCCPA is open for business.5.NCCPA DATA5.1Ownership of NCCPA Data.As between the Parties, NCCPA Data will be and remain the sole property of NCCPAregardless of whether it has been processed by Partner or is in Partner’s possession or2
control. Subject to Section 5.3, Partner will access NCCPA Data only as necessary and forno other purpose than for Partner to perform its obligations under this Agreement. NCCPAData will be made available promptly to Partner, upon its request, in the form and formatreasonably requested by Partner. No NCCPA Data may be sold, assigned, leased, orotherwise disposed of to third parties or commercially exploited by or on behalf of Partner(or its Affiliates or any subcontractors). Neither Partner nor any of its Affiliates orsubcontractors may possess or assert any lien or other right against or to any NCCPA Data.5.2License to NCCPA Data.NCCPA hereby grants to Partner a limited, non-exclusive, non-transferable license toaccess and use the Category 1 CME API during the Term of this Agreement solely for thepurposes of accessing NCCPA Data provided through the Category 1 CME API asdescribed in Section 2. Upon expiration or termination of this Agreement, this license shallautomatically terminate without further action on NCCPA’s part, and Partner will no longerhave the right to use or access the Category 1 CME API or NCCPA Data.5.3Restrictions on the Use of NCCPA Data.Without limiting its obligations elsewhere in this Agreement, Partner’s right to access theCategory 1 CME API and use any NCCPA Data is subject to the following:(a)To the extent Partner has access to the Category 1 CME API, all calls to theCategory 1 CME API must reference an access token that is retrieved byauthenticating to NCCPA’s token endpoint using the private client ID and clientsecret that is issued to Partner as an approved licensee;(b)Subject to the provisions of this Section 5 and Section 9, Partner will provide theNCCPA Data to users on “as is” terms and in a manner that is consistent with theterms of this Agreement;(c)Partner may not share any NCCPA Data with any third party (including anyPartner Affiliates) without NCCPA’s prior written consent;(d)Partner may present the NCCPA Data only on a transactional basis and may notpermit users to access any NCCPA Data in bulk;(e)Partner may not retain any copies of the NCCPA Data, and Partner’s use ofNCCPA Data is limited to making direct server calls to NCCPA for the LookupList Data and to distributing the NCCPA Data to Partner’s end users on itswebsite(s) or mobile applications, immediately upon receipt by Partner’s servers;(f)Partner may not present the NCCPA Data (or permit the NCCPA Data to bepresented) so that it appears to be available from a third-party website;(g)Partner may not use the NCCPA Data for direct marketing (i.e., mailing) ortelemarketing lists;(h)Partner may not separately extract and provide or otherwise use data elements fromthe NCCPA Data to enhance the data files of third parties;3
6.(i)Partner may not otherwise reproduce, modify, distribute, decompile, disassembleor reverse engineer any portion of the Category 1 CME API or any data providedby NCCPA; and(j)Partner may only use a non-production testing environment (“pilot Category 1CME API”) provided by NCCPA for testing Services that utilize NCCPA Data.PILOT AND PRODUCTION API(a)After this Agreement is fully executed, NCCPA shall establish an initial pilotCategory 1 CME API for thirty (30) days.(b)Partner may submit a written request for an additional pilot Category 1 CME APIto be established by NCCPA. NCCPA will review the request and provide a Statement ofWork (“SOW”) with the amount of work required to set up and maintain the pilot Category1 CME API and the associated costs. Once the SOW is executed by both Parties, NCCPAwill establish the additional pilot Category 1 CME API.(c)Any initial solution that uses Category 1 CME API that is developed by Partnermust first be approved by NCCPA before being released for use. After the Partner hasfinished using a pilot Category 1 CME API for development and testing, the Partner shallsend an email to api@nccpa.net in order to request NCCPA’s approval to release theirsolution with Category 1 CME API integration to production. The email will includescreenshots and description of Partners’ solution. NCCPA will respond with eitherapproval or required changes. Once approved, NCCPA shall establish a productionCategory 1 CME API. After the production API is established, the Partner may releasetheir solution to production.(c)Any new or modified solution that uses Category 1 CME API that is developed byPartner must be first approved by NCCPA before being released for use. The Partner shallsend an e-mail to api@nccpa.net in order to request NCCPA’s approval to release theirsolution with Category 1 CME API integration to production. The email will includescreenshots and description of Partner’s solution. NCCPA will respond with eitherapproval or required changes. Once approved, Partner may release their solution toproduction.7.PARTNER OBLIGATIONS(a)Where Partner discovers or is notified that it has received NCCPA Data that it isnot authorized to receive under the terms of this Agreement, Partner shall not usesuch NCCPA Data and shall immediately: (i) report the receipt of such NCCPAData to NCCPA; (ii) use commercially reasonable efforts to delete such NCCPAData from its systems and destroy any hard copies thereof; and (iii) cooperate withNCCPA as requested to mitigate any damages arising from or related to the receiptof such NCCPA Data.4
(b)NCCPA will provide Partner with a user ID and password in order to access theCategory 1 CME API. Partner shall be responsible for any use of its user ID andpassword, whether or not authorized by Partner, except for misuse or failure tofollow commercially reasonable security standards by NCCPA or itssubcontractors.(c)Partner shall be responsible for maintaining all computer hardware, software andInternet connections (public or private) required by Partner to access the Category1 CME API.(d)Partner personnel may only access and distribute NCCPA Data pursuant to therights set forth in this Agreement. To the extent permitted by its rights under thisAgreement, Partner may distribute NCCPA Data through its own applications,services, or end user facing Internet websites(s) to its customers, partners, or otherthird parties in order to facilitate the use of the Database in accordance with thisAgreement.(e)Subject to Section 14(h), to the extent Partner creates any Internet links toNCCPA’s website from Partner’s own website, all such links shall includeNCCPA’s designated logo, and shall be in a form approved by, and reasonablyacceptable to, NCCPA. Use of NCCPA’s name, logo, and any applicabletrademarks (“NCCPA Brand and Links”) shall be subject to NCCPA’s APIBranding Requirements, which NCCPA will provide to the Partner. UponNCCPA’s approval of Partner’s use of NCCPA Brand and Links, the licenseprovided in Section 5.2 shall extend to such NCCPA Brand and Links and besubject to the same rights and restrictions, including with respect to termination.8.PARTNER DATA8.1License Grant.Partner hereby grants to NCCPA, commencing on the Effective Date, a non-exclusive,perpetual, irrevocable, royalty-free, worldwide license for NCCPA to use, reproduce,maintain, modify, and display the Partner Data in the ordinary course of NCCPA’sbusiness. Furthermore, NCCPA may incorporate Partner Data into the Database to furtherNCCPA’s business. NCCPA may make a reasonable number of copies of the Partner Datafor archival and back-up purposes. Except as permitted under this Agreement, NCCPAmay not resell Partner Data as a stand-alone product to a third party.8.2Service Partners.NCCPA may grant any person or entity that provides services to NCCPA, includingoutsourcing vendors, contractors, and consultants (“Service Partners”), the right to usePartner Data solely for the benefit of NCCPA. NCCPA will require each such ServicePartner to execute an agreement containing confidentiality protections substantiallyequivalent to those provided in this Agreement.8.3Ownership of Partner Data.5
Except for the rights granted to NCCPA in this Agreement, Partner shall retain all right,title, and interest in the Partner Data.8.4Delivery and Format of Partner Data.Partner shall provide all Partner Data to NCCPA in the method of delivery reasonablyrequested by NCCPA and in the format reasonably requested by NCCPA.9.CONFIDENTIALITY AND DATA SECURITY9.1Confidential Information.“Confidential Information” of a Party shall mean (a) all information about or belonging tothe disclosing Party or a third party that is disclosed or otherwise becomes known to thereceiving Party in connection with the negotiation or performance of this Agreement, inwhatever form (whether tangible, intangible, electronic, oral or otherwise), whetherdisclosed before or after the Effective Date, and whether or not marked or otherwisedesignated as confidential; (b) all trade secrets, customer information and intellectualproperty owned or licensed by the disclosing Party; (c) all Personal Information aboutindividuals contained in the disclosing Party’s records or other information relating to suchParty’s employees, contractors, or customers which, if released, would cause an unlawfulor actionable invasion of privacy; (d) all other confidential, proprietary or trade secretinformation disclosed by such Party, which a reasonable person employed in the healthcareindustry or with technology experience would recognize as such; and (e) any compilationor summary of information or data that is itself Confidential Information. For theavoidance of doubt, NCCPA Confidential Information shall include information relatingto NCCPA’s PAs, , customers, potential customers, suppliers, financial and businessinformation, technological information, specifications, business and product plans.9.2Protection of Confidential Information.As between the Parties, all Confidential Information disclosed by or on behalf of one Partyto the other in the course of performing under this Agreement or to which the other gainsaccess in connection with this Agreement shall be deemed to be the property of thedisclosing Party. The receiving Party agrees to (a) receive such Confidential Informationin confidence; (b) use reasonable efforts to maintain the confidentiality of suchConfidential Information and not disclose such Confidential Information to third parties(except for the receiving Party’s representatives, agents, contractors, and professionaladvisors who have a need to know, are under a duty of non-disclosure with respect to suchinformation, and are acting for the sole benefit of the receiving Party), which efforts shallaccord such Confidential Information at least the same level of protection againstunauthorized use and disclosure that the receiving Party customarily accords to its owninformation of a similar nature; (c) use or permit the use of such Confidential Informationsolely in accordance with the terms of this Agreement; and (d) promptly notify thedisclosing Party in writing of any actual or suspected loss or unauthorized use, disclosureor access of the disclosing Party’s Confidential Information of which it becomesaware. The terms and conditions of this Agreement (as well as all information regardingthe negotiation of this Agreement) shall be deemed to be the Confidential Information ofboth Parties. Each Party agrees that it shall abide by and reproduce and not remove any6
restrictive legend or proprietary rights notice that appears in or on any ConfidentialInformation of the other Party or any third party that it is authorized to reproduce. EachParty also agrees that it shall not remove, alter, cover or distort any trademark, trade name,copyright or other proprietary rights notices, legends, symbols or labels appearing on or inany Confidential Information of the other Party or any third party.9.3Exclusions.The restrictions on use and disclosure set forth above shall not apply when, and to theextent that the Confidential Information: (a) is or becomes generally available to the publicthrough no fault of the receiving Party (or anyone acting on its behalf); (b) was previouslyrightfully known to the receiving Party free of any obligation to keep it confidential; (c) issubsequently disclosed to the receiving Party by a third party who may rightfully transferand disclose such information without restriction and free of any obligation to keep itconfidential; (d) is independently developed by the receiving Party or a third party withoutreference to the disclosing Party’s Confidential Information; or (e) is required to bedisclosed by the receiving Party as a matter of law, provided that the receiving Party usesall reasonable efforts to provide the disclosing Party with at least ten (10) days’ prior noticeof such disclosure and the receiving Party discloses only that portion of the ConfidentialInformation that is legally required to be furnished pursuant to the opinion of legal counselof the receiving Party.9.4Additional Obligations Regarding Personal Information.“Personal Information” means any information that, either individually or when combinedwith other information, could be used to distinguish or trace an individual’s identity, suchas their name, address, telephone number, social security number, date and place of birth,mother’s maiden name, or account information. As between the Parties, all PersonalInformation disclosed or otherwise made available to Partner by or on behalf of NCCPAwill be considered NCCPA’s property and NCCPA’s Confidential Information. Partnerwill restrict access to NCCPA Personal Information on a strict need-to-know basis. Partnerwill not disclose NCCPA Personal Information to any third party (including Partner’sagents and contractors), nor permit any third party to have access to any NCCPA PersonalInformation for any purpose except as required by Law, or as necessary to perform itsobligations under this Agreement in accordance with applicable Laws. Partner may notuse, duplicate or retain records of NCCPA Personal Information, except as necessary toperform its obligations under this Agreement. Partner will be responsible at Partner’sexpense for complying with all applicable Laws relating to NCCPA Personal Information.9.5Information Security.Partner will establish, implement and maintain a comprehensive system of safeguardsagainst the destruction, loss, alteration and unauthorized access and use of NCCPA Datain the possession or control of Partner (or its subcontractors, as applicable), and for itsproper return to NCCPA or disposal, that meets (or exceeds) and complies with thefollowing: (a) applicable Laws, including those of the Commonwealth of Massachusetts(i.e., M.G.L. c. 93H and its implementing regulations found at 201 C.M.R. 17.00) and, tothe extent applicable, the General Data Protection Regulation 2016/679 (“GDPR”) andany Laws implementing or supplementing the GDPR; (b) applicable prevailing industryinformation security practices and standards; and (c) any NCCPA information security7
requirements or policies provided by NCCPA (“Information Security Program”). Partnerwill, and will require its agents and contractors to, regularly test key controls, systems andprocedures relating to the Information Security Program. Partner will provide NCCPAwith the results of all such tests and any other audit, review or examination relating to itsInformation Security Program upon NCCPA’s request. Partner will notify NCCPAimmediately of any known, suspected or attempted unauthorized use, access, loss,disclosure, modification, or destruction of NCCPA Data (each, a “SecurityBreach”). Partner will promptly investigate each Security Breach, provide NCCPA with adetailed written statement describing the circumstances surrounding each Security Breach,develop and provide a proposed remediation plan to address the Security Breach andprevent any further incidents and implement the proposed remediation plan promptly afterits approval by NCCPA. Partner will at its expense take all necessary or customarymeasures to mitigate the harmful effects of any Security Breach, including by notifyingaffected individuals whose Personal Information has been disclosed or compromised ifrequested by NCCPA or required by Law.9.6Ownership of Confidential Information.Nothing contained in this Section 9 shall be construed as (a) obligating a Party to discloseits Confidential Information to the other Party, or as granting to or conferring on a Party,expressly or impliedly, any rights or license to the Confidential Information of the otherParty; or (b) limiting or diminishing in any respect the scope of any licenses granted underthis Agreement.9.7Injunctive Relief.Each Party acknowledges that a disclosing Party will be irreparably harmed if the receivingParty breaches or threatens to breach its obligations under this Agreement and that thedisclosing Party would not have an adequate remedy at law in the event of an actual orthreatened violation by the receiving Party of such obligations. Therefore, the disclosingParty shall be entitled to seek an injunction or any appropriate decree of specificperformance from the court for any actual or threatened violations of this Agreement.9.8Return or Destruction.As requested by the disclosing Party during the Term or upon the termination of theAgreement in accordance with Section 10, the receiving Party will return or, at thedisclosing Party’s election, destroy copies of any designated ConfidentialInformation. When Confidential Information is no longer required for the receiving Party’sperformance under the Agreement, or in any event upon expiration or termination of theAgreement, the receiving Party will return all materials in any medium that contain, referto, or relate to Confidential Information or, at the disclosing Party’s election, destroythem. At the disclosing Party’s request, the receiving Party will certify in writing that ithas returned or destroyed all copies of Confidential Information in the possession or controlof the receiving Party or any of its Affiliates or contractors.9.9Duration of Confidentiality Obligations.The receiving Party’s obligations under this Section 9 apply to Confidential Information,whether disclosed to the disclosing Party before or after the Effective Date and willcontinue during the Term and survive the expiration or termination of this Agreement.8
10.TERM AND TERMINATION10.1Term.The term of this Agreement (“Term”) will commence on the Effective Date and willcontinue in effect for one (1) year and will automatically renew for successive one (1) yearperiods unless either party provides written notice of non-renewal at least sixty (60) daysprior to the anniversary of the Effective Date. Notwithstanding the foregoing, if NCCPAmodifies its fees, NCCPA shall provide at least sixty (60) days’ notice prior to theanniversary of the Effective Date and Partner may elect to terminate the Agreement at theend of the then-current Term by providing at least forty-five (45) days’ advanced writtennotice of non-renewal prior to the anniversary of the Effective Date.10.2Cancellation RefundIf the Partner finds the services do not meet its expectations and wishes to cancel, it maydo so in writing prior to the end of the then-current term. If a cancellation request isreceived within the first sixty (60) days of service, a refund of the total payment minus 2,000.00 for the cost of initial setup will be issued. If a cancellation request is receivedbetween the 61st and 120th day of service, a prorated refund of the total payment minus 2,000.00 for the cost of initial setup will be issued. No refunds will be issued forcancellation requests received after the 120th day of service. In all cases, access to theCategory 1 CME API will be terminated within ten (10) business days after receipt of acancellation request.10.3Termination for Cause.Either Party may terminate this Agreement if the other Party materially breaches any ofits terms and fails to cure such breach within thirty (30) days after receiving writtennotice of such breach. With respect to a breach of the Agreement by Partner, NCCPAmay suspend Partner’s access and/or use of the Category 1 CME API and Databaseduring such cure period.10.4Termination for Convenience.NCCPA may terminate this Agreement for convenience by providing Partner with at leastthirty (30) days’ written notice.11.WARRANTIES11.1Authorization.Each Party represents, warrants, and covenants to the other Party that (a) it has the requisitecorporate power and authority to enter into this Agreement and to carry out the transactionscontemplated by this Agreement; (b) it has obtained all necessary licenses and permits toperform its obligations under this Agreement; (c) the performance obligations described in9
this Agreement do not conflict with any other agreement either signed or contemplated bysuch Party; and (d) it will comply with all laws and regulatory requirements applicable toits performance obligations under this Agreement.11.2Ownership and Non-Infringement.Partner represents and warrants that it is either the owner or licensor of the Partner Dataand has the right to provide the Partner Data, and the license to the Partner Data describedin Section 5, to NCCPA. Partner further warrants that no Partner Data or other materialsprovided by Partner under this Agreement, nor the possession or use of any of the foregoingby NCCPA as contemplated by this Agreement, will infringe any Intellectual PropertyRight of a third party or contain confidential or proprietary material misappropriated byPartner from a third party. Partner further represents and warrants that it has all necessarypermissions, consents or other valid legal basis to transfer any Personal Informationcontained in the Partner Data to NCCPA, that NCCPA is able to lawfully process any suchPersonal Information shared with it by Partner and that Partner will not cause NCCPA tobe in breach of any Laws in providing such Personal Information to NCCPA.11.3Viruses.Partner represents and warrants that it will use its best efforts to ensure Partner Dataprovided to NCCPA is free from any Viruses. If a Virus is found to have been introducedinto NCCPA’s systems as a result of a breach of the foregoing warranty, Partner will usebest efforts, at no charge, to assist NCCPA in eradicating the Virus and reversing its effectsand, if the Virus causes a loss of data or operational efficiency, to assist NCCPA inmitigating and reversing such losses. Partner warrants that it will not insert into NCCPA’ssystems any code that would have the effect of disabling, shutting down, or otherwisedisrupting all or any portion of the IT systems of NCCPA.11.4Warranty Disclaimer.OTHER THAN AS PROVIDED IN THIS AGREEMENT, THERE ARE NO EXPRESSWARRANTIES AND THERE ARE NO IMPLIED WARRANTIES, INCLUDING THEIMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE. ACCESS TO THE CATEGORY 1 CME API, DATABASEAND NCCPA DATA IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “ASAVAILABLE”, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,PERFORMANCE, ACCURACY, AND EFFORT WITH RESPECT TO THECATEGORY 1 CME API, DATABASE AND NCCPA DATA IS WITH PARTNER.12.INDEMNITIES12.1Partner Indemnities.Partner shall indemnify, defend, and hold harmless NCCPA, its Affiliates, ServicePartners,, and customers, and their respective officers, directors, employees, agents,successors and assigns, from any and all losses, liabilities, damages and claims, and allrelated costs and expenses (including reasonable legal fees and disbursements and costs ofinvestigation, litigation, settlement, judgment, interest and penalties), arising from or inconnection with any third-party claim based on allegations which, if proven, would10
constitute (a) a breach of a warranty under Section 11.1 (Authorization) or Section 11.2(Ownership and Non-Infringement) above; (b) the negligence or willful misconduct ofPartner, its parent, subsidiaries, affiliates or assigns and their respective directors, officers,employees and agents; (c) a breach of Partner’s obligations in Section 9 (Confidentialityand Data Security); or (d) a breach of Partner’s obligations in Section 14(c) (Compliancewith Laws).12.2Additional Indemnities.Each Party shall indemnify, defend, and hold harmless the other Party and the other Party’sAffiliates, Service Partners, and customers, and their respective officers, directors,employees, agents, successors and assigns, from any and all losses, liabilities, damages andclaims, and all related costs and expenses (including reasonable legal fees anddisbursements and costs of investigation, litigation, settlement, judgment, interest andpenalties), arising from or in connection with any of the following: (a) the death or bodilyinjury of any person caused by the tortious conduct of the indemnitor; or (b) the damage,loss or destruction of any real or t
1 API LICENSE AGREEMENT This API License Agreement ("Agreement"), effective as of the date of the final signature to this Agreement (the "Effective Date"), is entered into by and between the National Commission on Certification of Physician Assistants Inc. ("NCCPA"), having offices at 12000 Findley Road Suite 100, Johns Creek, GA 30097-1409, and the organization represented by the .
