OBLIGATIONS CONTAINED IN THIS AGREEMENT INCLUDING THOSE WITH RESPECT TO
TRAINING.
(E)
NURSING SERVICES:
(I.)
DISTRIBUTOR SHALL MAKE AVAILABLE ON AN
AS-NEEDED BASIS ITS STANDARD TELEPHONIC NURSING SERVICES IN ACCORDANCE WITH ITS
STANDARD POLICIES AND PROCEDURES. IF DISTRIBUTOR RECEIVES REQUESTS FOR
ADMINISTRATION FOR UT PRODUCT, IT SHALL FACILITATE SUCH REQUESTS IN ACCORDANCE
WITH ITS STANDARD BUSINESS PRACTICES. DISTRIBUTOR'S STANDARD TELEPHONIC NURSING
SERVICES SHALL BE RENDERED BY NURSES WHO HAVE THE REQUISITE AND NECESSARY
TRAINING, EXPERIENCE, LICENSES AND PERMITS IN ACCORDANCE WITH APPLICABLE LAWS.
DISTRIBUTOR MAY NOT SEEK REIMBURSEMENT FOR ITS STANDARD TELEPHONIC NURSING
SERVICES DIRECTLY FROM UT OR
FROM THE INCLUDED PATIENT.
(I.)
THE PARTIES SHALL WORK TOGETHER IN GOOD
FAITH TO DEVELOP AN INTEGRATED NURSING PROGRAM TO ADEQUATELY SUPPORT UT PRODUCT,
INCLUDED PATIENTS AND CUSTOMERS WITH THE FOLLOWING ELEMENTS:
(A)
ALL NURSES SHALL BE TRAINED BY DISTRIBUTOR
WITH RESPECT TO UT PRODUCT AND PAH PRIOR TO ANY INTERACTION WITH AN INCLUDED
PATIENT OR CUSTOMER. ALL NURSES (INCLUDING PER DIEM NURSES) SHALL
PASS COMPETENCY TESTING ON THE
FOLLOWING TOPICS (AT A MINIMUM): PAH AND PAH DRUG CLASSES; UT PRODUCT; PATIENT
NEEDS WHETHER NAÏVE OR EXPERIENCED; ADMINISTRATION OF UT PRODUCT; TRAINING
PATIENTS ON ADMINISTRATION OF UT PRODUCT; RELEVANT NURSING STANDARDS OF CARE FOR
ADMINISTRATION OF UT PRODUCT; ANY AND ALL DEVICES/PUMPS THAT ARE TO BE USED WITH
UT PRODUCT; AN "IDEAL PATIENT ENCOUNTER"; AND HIPAA, PATIENT PRIVACY AND ANY
OTHER APPLICABLE LEGAL REQUIREMENTS;
(B)
DISTRIBUTOR SHALL PROVIDE UPDATED TRAINING
AS NECESSARY FOR NURSES TO EXCEL IN THE FOREGOING COMPETENCY AREAS;
(C)
DISTRIBUTOR SHALL UPDATE AND REFRESH
TRAINING AND REQUIRE REGULARLY UPDATED CERTIFICATION TESTING WHEN NEW
INFORMATION BECOMES AVAILABLE OR WHEN A NURSE HAS NOT PROVIDED SERVICES FOR AN
EXTENDED PERIOD OF TIME;
(D)
DISTRIBUTOR SHALL MAKE AVAILABLE TO UT UPON
REQUEST, FOR UT'S REVIEW AND COMMENT, TRAINING MATERIALS RELATED TO UT PRODUCT
AND THE ADMINISTRATION AND SUPPORT OF UT PRODUCT;
(E)
DISTRIBUTOR SHALL MAKE AVAILABLE TO UT
RECORDS OF COMPLETION OF RELATED TRAINING UPON UT'S REQUEST;
(F)
DISTRIBUTOR SHALL MANAGE NONPERFORMANCE
OF NURSES (INCLUDING PER DIEM NURSES) THROUGH APPROPRIATE MEASURES, INCLUDING
RE-TRAINING, DISCIPLINE OR REMOVAL; AND
(G)
DISTRIBUTOR SHALL REASONABLY PROVIDE NURSES
WHO ARE ABLE TO SPEAK THE SAME LANGUAGE AS THE INCLUDED PATIENT OR A TRANSLATION
SERVICE.
(F)
ADDITIONAL PERFORMANCE REQUIREMENTS:
AS
PART OF THE OVERALL ACTIVITIES PERFORMED IN SUPPORT OF THE DISTRIBUTION OF UT
PRODUCT, DISTRIBUTOR AGREES TO KEEP CAREFUL RECORDS OF THE FOLLOWING DATA POINTS
AND MAINTAIN THE REQUISITE LEVELS OF COMPETENCY FOR EACH DATA POINT AND SHALL
PROVIDE SUCH DATA IN REPORTS TO UT AS UT REASONABLY REQUESTS, BUT NO LESS THAN
QUARTERLY:
(I.)
ASA: MEANING THE AVERAGE SPEED DISTRIBUTOR
TAKES TO ANSWER A CALL MEASURED OVER A CALENDAR MONTH.
DISTRIBUTOR SHALL USE
ITS BEST EFFORTS TO ENSURE THAT THE ASA DOES NOT EXCEED 15 SECONDS, AND IN ANY
EVENT, AT LEAST 95% OF ALL CALLS TO DISTRIBUTOR SHALL BE ANSWERED BY A LIVE
PERSON WITHIN FIFTEEN (15) SECONDS;
(II.)
CALLS DROPPED: MEANING THE PERCENTAGE OF
CALLS THAT ARE DROPPED BEFORE BEING ANSWERED OVER THE COURSE