United States: How To Make Health Care An Economic Driver: Prolegomena To A Future Economic Development

Last Updated: September 12 2014

Article by Tray Hairston1

I. Introduction

The state and direction of economic development has drastically changed in the last 50 years. No longer is economic development a local or centralized function of local government. It has morphed into a full-fledged industry replete with several professional organizations,2 public non-profit financing entities,3 site location firms,4 bevies of lawyers who practice within economic development practice groups at law firms5 and countless economic development practitioners.6

The promotion of economic development in not only Mississippi (the "State" or "Mississippi"), but in the United States is a traditional and long-accepted government practice.7 Definitions of the term economic development are exhaustive, but perhaps one of the most important legal determinations of what economic development is emanates from the landmark decision Kelo v. City of New London where the United States Supreme Court noted that the city of New London had "carefully formulated a development plan that would provide appreciable benefits to the community, including, but not limited to, new jobs and increased tax revenue."8 Even more telling is the posture of the court with respect to the overall goal of the city's economic vision – here the court stated "the city is trying to coordinate a variety of commercial, residential, and recreational land uses, with the hope that they will form a whole greater than the sum of its parts."9

The International Economic Development Council, a non-profit membership organization dedicated to helping economic developers do their job more effectively and raising the profile of the profession, posits that "economic development seeks to improve the economic well-being and quality of life for a community by creating and/or retaining jobs and supporting or growing incomes and the tax base."10 To achieve this aim, not only do communities in today's economy have to be able to compete, but they must tailor their missions towards aggressive multi-pronged approaches that utilize both incentives and the other traditional non-economic resources of the state.11 With the well documented uncertainty of the market, rising corporate income tax rates, the regulation of practically every business entity and the escalating cost of doing business, economic development, vis-á-vis the industry that it has developed into, has become the subject of regulation itself.12

In the mid-90s, the South began to see a boom in automobile manufacturing. Alabama was one of the first states to lure a large multi-million dollar auto manufacturing project to a megasite consisting of over 1,000 acres of real estate with both access to and visibility of an interstate highway. For Alabama, Mercedes-Benz represents to date approximately $2 billion in investment and 5,000 jobs. After Mercedes-Benz, then came Honda and Hyundai for Alabama. For other Southern states, the highly coveted economic development prize is more or less the same. Tennessee attracted auto manufacturing plants Nissan and Volkswagen. South Carolina lured auto manufacturing plants BMW and Honda. Georgia has Honda, Porsche, and Kia, and Mississippi has a Nissan auto manufacturing plant in Canton, MS and Toyota has an auto manufacturing plan in Blue Springs, MS. During this time of growth in the South, not only did states and communities engage in a hearty competition with each other to entice auto manufacturers and suppliers, but keen economic development professionals have also made sure their communities are considered for the next big project by certifying and investing in large-scale megasites. For Mississippi, the targeted recruitment of the auto manufacturing industry and its investment in this philosophy and necessary human capital to aid in its recruitment has paid great dividends. The principal question here is what other sustainable industry could do the same? Viewing the health care and life science industry similar to the early 90s rise of the auto manufacturing industry in the South could be tantamount for Mississippi like it has been in states like Florida. In Florida, for example, then Governor Jeb Bush, approached billionaire British trader Joe Lewis, owner of the Tavistock Group,13 in 2002, seeking his assistance in hopes of improving the economy of Central Florida. Bush's goal was to create better-paying jobs. Through Tavistock and developing the Lake Nona Medical City, Governor Bush's appeal has elicited to date approximately $3 billion in health care based investment, 5,000 permanent higher-paying jobs (with 25,000 more expected by 2019), and an expected overall economic impact of $7.6 billion over the next 10 years.14

For years municipalities and counties in Mississippi through their elected leaders and stakeholders have been arduously seeking creative ways to enhance the quality of life of local citizens and improve economic development opportunities for their communities. Simultaneously, the entire State, from its Balance Agriculture With Industry Plan in 1935, juxtaposed to its aggressive recruitment of the automotive and aerospace industry, has also sought to promote economic development; however, it has been challenged by authorities like Fitch Ratings Inc., ("Fitch") a nationally recognized credit rating agency, which revised the State's 2013 outlook to negative and noted the following regarding the State's manufacturing based economy: "The economy continues to diversify and some successful economic development initiatives should bolster employment in the coming years; however, the manufacturing concentration well exceeds national levels."15 To thwart findings like Fitch's, the State should diversify its economy and adopt health care or life science based economic development initiatives like H.B. 1582 (2014)16 – the Mississippi Health Care Industry Zone Master Plan Act (the "Health Care Zone Master Plan legislation") – where municipalities could potentially issue health care zone municipal bonds and lease the facilities of the project back to a private industry in a revenue generating capacity or use a special allocation of new market tax credits specific to health care zones for gap financing. Such an endeavor will not only require additional economic development incentives such as the Health Care Zone Master Plan legislation, but it will also require a strong partnership with the Mississippi Development Authority ("MDA") that genuinely looks at this target-rich industry the same way it would the automotive boon from circa 1993 - 2011.

II. Mississippi Health Care Zone Act (2012)

In 2012, the Mississippi Legislature passed the Mississippi Health Care Industry Zone Act (the "Act") codified at Miss. Code Ann. § 57-117-1 et seq. The Act incentivizes medical supply companies, biologic companies, laboratory testing companies, medical product distribution companies, diagnostic imaging companies, biotechnology companies, medical service providers, nursing and assisted living facilities, and medical equipment or medicine production and related manufacturing or processing companies that create 25 jobs or make a $10,000,000 investment in health care industry zones ("Health Care Zones") in the State. Health Care Zones are characterized by a five mile radius around a hospital or hospitals in a county in the State that either has 375 acute care hospital beds or more or a county that is contiguous17 to three counties which in the aggregate account for up to 375 acute care hospital beds. If a certified health care facility or company locates in one of these Health Care Zones and creates the requisite amount of jobs or makes the requisite investment, then it can be eligible for certain health care zone tax incentives.18

III. The creation of Health Care Zone Master Plans in Mississippi

In 2013, Governor Phil Bryant used the Health Care Zone concept to facilitate more affordable housing in Mississippi for workers associated with the health care industry and tied the five mile zone concept to a document called the Qualified Allocation Plan (the "QAP"). The QAP is a federally mandated planning requirement that states annually use to explain the basis upon which they distribute their Low-Income Housing Tax Credit Program ("LIHTC or LIHTCs") allocations. The Mississippi Home Corporation (the "MHC") is the Housing Finance Agency ("HFA or HFAs") created by the Mississippi Legislature pursuant to Miss. Code Ann. § 43-33-701 which administers the State's QAP in addition to raising funds from private investors to finance the acquisition, construction and rehabilitation of residential housing for persons of low to moderate income in the State.

To qualify for these very lucrative LIHTCs under the Health Care Zone section of the 2013 QAP, developments must have been located within a county which has certificates of need for more than 375 acute care hospital beds and be within 5 miles of a hospital with acute care hospital beds in that county. The 2013 QAP provided that counties that currently have more than 375 acute care beds are Lee, Lauderdale, Rankin, Hinds, Forrest, Jackson, and Harrison counties respectively. Additionally, DeSoto County is also eligible for this scoring category in the Health Care Zone section of the 2013 QAP.

The 2013 QAP also provided that developments could also locate in a county that have less than 375 acute care hospital beds so long as the county's health care zone i.e., its five mile radius zone had a master plan from an AICP certified planner (American Institute of Certified Planners) with experience working in the State. The Governor's Office issued a memo dated March 8, 2013 and titled "Official Health Care Zone Master Plan Requirements for 2013 QAP" explaining the rules and requirements for Health Care Zone Master plans.19 The memo provided that the goal with respect to master planning was to provide an asset to Mississippi communities that would make a sizable economic impact.20 With a Health Care Zone Master plan, the intent was to give communities the blueprint for growing successfully their health care economy. In order to qualify for LITHCs in a county with less than 375 acute care beds, the private housing developer was required to finance the county's Health Care Zone Master plan. In addition, the AICP planner and developer were also required to work closely with their community's local economic developers and local leadership to create the final product. This requirement has resulted in a true public-private partnership. Inevitably, these plans, similar to those used at the Research Valley Biocorridor in Texas, are blueprints for local economic development directors to create jobs.

There are currently twelve (12) communities that have Health Care Zone Master plans in Mississippi. As a result of the MHC's program, the policies put in place by the Governor's Office, and the funds of private housing developers, the communities that have Health Care Zone Master plans are Clarke County (Quitman, MS), Clay County (West Point, MS), Copiah County (Hazelhurst, MS), Hancock County (Bay St. Louis/ Waveland, MS), Humphreys County (Belzoni, MS), Madison County (Canton, MS), Marshall County (Holly Springs, MS), Montgomery County (Winona, MS), Noxubee County (Macon, MS), Panola County (Batesville, MS), Scott County (Morton, MS), and Yazoo County (Yazoo, MS).21 In addition, MDA designated the 12 communities above as certified Health Care Zone Master plan communities and each was given a certificate reflecting the title.

With respect to affordable housing tax credit developers, the MHC program that was put in place within the 2013 QAP could be repealed in the 2015 QAP when new LIHTCs are allocated and a new QAP is adopted. The program was meant to be a one-time jump start to the health care based housing industry.

IV. The Health Care Zone Master Plan legislation and the certification of Health Care Zone Master Plan Communities

The Health Care Zone Master Plan legislation introduced during the 2014 Mississippi Legislative Session would have codified MDA's process for certifying Health Care Zone Master Plan communities. The 12 communities given certificates by MDA met the nine (9) requirements below.22 The certification requirements are as follows:

  1. An Environmental scan & asset mapping of existing resources of the five mile radius that the health care zone master plan contemplates as further defined by MDA regulation;
  2. A market demand analysis, target industry study, and center of excellence determination as further defined by MDA regulation;
  3. Benchmarking and best practice models of similar communities or developments that serve as a model example or approach to generating successful and positive target development as further defined by MDA regulation;
  4. Zone or district parameter identification as further defined by MDA regulation;
  5. Healthcare district and zone site master planning as further defined by MDA regulation;
  6. Overlay district regulatory outline as further defined by MDA regulation;
  7. Incentive opportunity identification as further defined by MDA regulation;
  8. Economic impact analysis as further defined by MDA regulation; and
  9. Public relations/marketing and recruitment strategy as further defined by MDA regulation.

Essentially, Health Care Zone Master Plans take detailed snapshots at existing assets and economic-demographic conditions, create a physical framework master plan for health care industry development, and provide detailed recommendations and strategies for implementing the plan and growing the local health care industry. Principles such as these can result in rich public-private partnerships. Inevitably, the Health Care Zone Master plans used in Mississippi, similar to the master planned center for education, research, development, commercialization and the production of pharmaceuticals and vaccines used at the One Health PlusTM Biocorridor in College Station, TX, are blueprints for local economic development directors to create jobs.23 "As the world's first large scale, integrated program dedicated to interdisciplinary collaborations and research in health care for humans, animals and the environment, the One Health PlusTM Biocorridor, is driving innovation in the biopharmaceutical and biotherapeutic industries by enhancing collaboration among scientists, researchers, clinicians and industry."24

With respect to the master plan concept, the same model and approach applies to the Lake Nona Medical City near Orlando, Florida. The Lake Nona Medical City is not only a residential development but it also encompasses a 650-acre health and life sciences park that was put together with robust incentives and an ambitious vision.25 Located near Orlando International Airport and within the master-planned community of Lake Nona, the city is home to the University of Central Florida's Health Sciences Campus. In addition, the medical city currently serves as a home to the UCF College of Medicine, UCF Burnett Biomedical Sciences Building, Sanford- Burnham Medical Research Institute, Nemours Children's Hospital, M.D. Anderson Orlando Cancer Research Institute, a University of Florida Academic and Research Center and Valencia College at Lake Nona. In the future, the campus will house UCF's College of Nursing, College of Dental Medicine, a teaching hospital, and Orlando Veterans Affairs Medical Center.26

The medical city is surrounded by education facilities described surpa, five million square feet of commercial and retail space, and a mix of residential living options. Upon completion of construction of the various development projects, UCF's Health Science Campus will accommodate as many as 5,000 upper division, professional, and graduate students and faculty members in the healthrelated programs, and include up to two million square feet of research and instruction space.27 Forty percent of the community has been reserved for open green space and lakes, and Lake Nona's amenities include a planned 334-acre city park, 44 miles of planned trails, a number of community parks and 1,000-acre of lakes and waterways.28

V. Incentives for a Certified Health Care Zone Master Plan Community

If the Health Care Zone Master Plan legislation were to become law in Mississippi in 2015, the legislation would create additional incentives for communities with certified Health Care Zone Master Plans and allow other communities to create certified Health Care Zone Master plans. The requirements for the Health Care Zone Master plans would be codified. In addition, the legislation would require the Health Care Zone Master plans to be created by an AICP Certified Planner with experience in Mississippi.29 The AICP designation brings additional value and expertise to the project and attempts to create a sense of identity with the community's current health care assets while at the same time creating a strategic framework to determine the community's direction with respect to recruiting new health care or life sciences industry. The additional incentives that a community would qualify for as a result of having a certified Health Care Zone Master plan are as follows:

1. Health Care Zone Grant Fund ("HCZ Fund")

Proceeds from the HCZ Fund could be used for soft costs for public, private, for-profit and non-profit entities to initiate new ventures, institutions, and educational anchors. The HCZ Fund would be allocated an initial $5 million by the Mississippi Legislature with the understanding that health care and life science industries and companies do not simply begin overnight but are the by-product of planning (albeit the required Health Care Zone Master plans surpa), vision, and strategic investments in both the public and private sector. With the HCZ Fund, the State has the opportunity to not only keep its best and brightest but recruit the best scientists and researchers while at the same time creating valuable jobs and help start up enterprises.

2. Health Care Zone Revolving Loan Fund ("HCZ Loan")

Like the HCZ Fund, proceeds from the HCZ Loan could be used for soft costs for public, private, for-profit and nonprofit entities to initiate new ventures, institutions, and educational anchors. The HCZ Loan would also be allocated an initial $5 million by the Legislature and MDA would designate the projects wherein loan funds could be utilized.

3. Health Care Zone Master Plan Job Training Grant Fund ("HCZ Training Fund")

The HCZ Training Fund could be used to help Mississippi workers remain competitive in an increasingly global market place by incentivizing the training in any health care or related field at community colleges and other institutions of higher learning in the State.

4. Health Care Zone Master Plan Advantage Jobs ("HCZ Advantage")

Under the HCZ Advantage program, a rebate of a percentage of the new health care facility's Mississippi payroll could be paid to that health care related business for a period up to 10 years as a result of locating in one of the certified health care zone master plan communities. The threshold capital investment or requirement would be $10,000,000 and/or 25 jobs.

5. Health Care Zone Master Plan State New Market Tax Credit Allocation ("HCZ Credits")

For certified health care zone master plan communities, HCZ Credits could be used as gap financing for projects with more flexible terms than conventional financing. Health care related enterprises locating within a Health Care Zone Master plan community would benefit from below market interest rates and underwriting terms on HCZ Credits. HCZ credits could be ideal for rural hospitals seeking funds for upgrades it facilities.

6. Health Care Zone Municipal Bonds ("HCZ Bonds")

The funds derived from issuing HCZ Bonds would be limited to communities that have gone to the lengths of having their Health Care Zone Master plans certified by MDA. The HCZ Bonds would have a maximum term of 30 years and would not be subject to any statutory debt limits. Similar to Urban Renewal Bonds, HCZ Bonds could be secured by the income, revenues and funds of the City derived from the health care zone project itself.

VI. Conclusion

The incentives in the Health Care Zone Master Plan legislation would be limited to communities that have gone to the lengths of having their Health Care Zone Master plan certified by MDA. Such a threshold requirement could target the communities that truly want to make health care an economic driver like Lake Nona in Florida. The additional tools in MDA's bag of economic development incentives could be transformational for Mississippi and could go a long way toward boosting the State's economy.

Originally published by The Mississippi Lawyer.

Footnotes

1 Tray Hairston is an attorney with Butler Snow LLP and is a member of the firm's Public Finance, Tax Incentives and Credit Markets Group. Prior to joining Butler Snow, Tray was Counsel and Policy Advisor to Governor Phil Bryant. Mr. Hairston advised the Governor on economic development and public finance matters. Prior to joining Butler Snow, Tray served as a Project Manager at the Mississippi Development Authority. Tray is a graduate of Mississippi College School of Law, earned his M.B.A. from Belhaven College, and his B.A. from Tougaloo College. I would like thank to my colleague Ashton Bligh for assisting me with editing.

2 See, e.g., organizations such as the International Economic Development Council, Site Selectors Guild, Corenet, Southern Economic Development Council, and Mississippi Economic Development Council.

3 See e.g., Kimberly E. Smith, The Go Zone Act: An Innovative Mechanism for Promoting Economic Recovery for the Gulf Coast, 77 Miss. L.J. 807, 835 (2008) (noting that "[the Mississippi Business Finance Corporation's] MBFC's Industrial Development Bond (IDB) Program is designed to create jobs and promote economic development in Mississippi").

4 Site Selection firms like McCallum Sweeney, Deloitte, and The Austin Group offer their corporate clients the complete one-stop shop. Firms like those serve as consultants to corporations in the site selection process, incentive negotiation and economic analysis. For large multi-million dollar projects, confidentiality is of paramount interest to corporations to prevent incidents of industrial or corporate espionage. Site selection firms are often times chosen for their ability to protect the confidentiality of a corporation's plans for expansion or relocation. For instance, those within the economic development industry commonly refer to economic development projects by code name.

5 Each year Southern Business & Development Magazine publishes an article entitled the "Top Ten Law Firm's that Understand Economic Development." The magazine takes the perspective that over the past decade, law firms have become increasingly aware of the reality that companies need assistance finding the best locations, identifying the best tax structures, maximizing their incentives, and building the most cost-effective buildings.

6 An entire industry has been created around economic development. In fact, college degree programs and graduate level degrees have been created to teach students and professionals the skills necessary to help their respective communities compete in a global economy. See e.g., the University of Oklahoma's Economic Development Institute at http://edi.ou.edu/ for more detail on the number of courses and programs offered. Law firms too have become a driving force for economic development. In the Southeast, firms have begun to provide counsel to municipalities and states for negotiations that bring large economic development projects to various regions throughout the country. The state of Mississippi spends millions of dollars to keep the Mississippi Development Authority (MDA) running. The Mississippi Development Authority is the State of Mississippi's lead economic and community development agency. More than 250 employees are engaged in providing services to businesses, communities and workers in the state. See the Mississippi Development Authority website http://mississippi.org/locate-here/the-mississippi-advantage/ (accessed July 30, 2014).

7 Berman v. Parker, 348 U.S. 26, 33 (1954).

8 Kelo v. City of New London, 545 U.S. 469, 469- 470 (2005).

9 Id.

10 See e.g., the International Economic Development Council website http://www.iedconline. org/ (accessed November 19, 2013). (A study of nearly 5,000 economic development professionals was conducted by IEDC, the International Economic Development Council, the world's largest organization for economic developers. IEDC worked closely with Development Counselors International (DCI), a leader in the field of marketing cities, regions, states and countries, to conduct the survey. The survey attempts to tie the issues of Main Street to Wall Street).

11 See e.g., Jere Nash and Taggart Andy, Mississippi Politics: The Struggle for Power, 1976-2006 69 (University Press Of Mississippi 2006) (providing that the non-economic resources of the state are vast. Although one of the smallest economies when compared to other states in the union, Mississippi wields a great deal of political clout).

12 See e.g., Brian Gongol, "The Self-Delusion of Contemporary Economic Development" http://www.gongol.com/research/economics/economicdevelopment/ (accessed July 20, 2014).

13 Tavistock Group is an international private investment organization that provides capital structured for investment opportunities in a variety of sectors throughout the world. The company was founded by Joe Lewis more than 35 years ago. Tavistock has investments in more than 200 companies across 15 countries. The company's investment sectors include sports, restaurants, real estate including resort properties and private clubs, master planned communities, life sciences, finance, energy, consumer products and retail.

14 See e.g., Jennifer Reingold, How To Build a Great American City, Fortune Mag. Vol. 169, No. 9 (June 30, 2014) (available at http://fortune.com/2014/06/12/lake-nona-florida/).

15 See e.g., Fitch Ratings Inc., "Fitch Rates $338MM Mississippi GO Bonds 'AA+'; Outlook Revised to Negative," (November 5, 2013).

16 H.B. 1582 (2014) passed the Mississippi House of Representatives on February 25, 2014 with a vote of 117 to 0; The bill died in the Mississippi Senate in the Senate Finance Committee on March 18, 2014.

17 Before the Act reached Governor Bryant's desk, the goal was to focus only on communities/counties that had over 375 acute care hospital beds. Those communities are Lauderdale, Rankin, Hinds, Lee, Forrest, Desoto, Jackson, and Harrison. Through an amendment that was offered at the end of the 2012 Mississippi Legislative Session that increased the number of Health Care Zones in Mississippi [which can be seen here - http://www.youtube.com/watch?v=6tkLFGdeB9g&feature=youtu.be] and found at Miss. Code Ann. § 57-117-5(1)(a)(i). The amendment provided that a county can also participate as a Health Care Zone enabling it to reach up to 375 beds by using 3 contiguous county language. For example, Hinds County and Rankin County have well over 375 acute care hospital beds. Madison County which borders those two counties does not. As a result of the amendment which is a part of the Act, Madison County and many other similarly situated counties can qualify to be Health Care Zones as well.

18 (i) Accelerated 10-Year State Income Tax Depreciation Deduction. See Miss. Code Ann. § 17-29-7 which provides that the accelerated depreciation deduction shall be computed by accelerating the depreciation period required by Title 35, Part III, Subpart 5, Chapter 4, Mississippi Administrative Code, to a five-year depreciation period. Chapter 4 on depreciation cites Miss. Code Ann. § 27-7-17(1)(f). The rules states that a reasonable allowance for the exhaustion, wear and tear and obsolescence of property of income shall be allowed as a depreciation deduction. The allowance is that amount which should be set aside for the taxable year in accordance with a consistent plan, so that the aggregate of the amounts set aside will equal the cost or other basis of the property. The allowance shall not reflect amounts representing a mere reduction in market value. Mississippi will follow Federal depreciation guidelines as are not deemed contrary to the context and intent of Mississippi Law. (ii) Sales Tax Exemption for Equipment and Materials purchased from the date of the project's certification until three months after the facility is completed. See Miss. Code Ann. § 27-65- 101(pp). (iii) Fee in Lieu of Property Taxes. Miss. Code Ann. § 27-31-104. (iv) Ad Valorem Tax Exemption (not state ad valorem taxation, school district) for 10 years for any certified project with an investment of more than $10,000,000 or 25 jobs at the city or county's discretion. Miss. Code Ann. § 27-31-101(j).

19 Memo. from Tray Hairston, Assoc. Counsel & Policy Advisor, Off. of Gov. Phil Bryant, Miss. Home Corp., Official Health Care Zone Master Plan Requirements for 2013 QAP 1-2 (Mar. 8, 2013) (available at http://www.mshomecorp.com/htc/pdf/2013/2013%20Memo%20re%20Health%20Care%20Zone%20Master%20Plan.pdf)

20 Id.

21 See e.g., Governor Phil Bryant website for more detail on "Health Care Zone Master Plan Certified Communities." http://www.governorbryant.com/health-care-zones/ (accessed February 5, 2014)

22 Mississippi Health Care Zone Master Plans are public-private partnerships similar to those used at the Research Valley Biocorridor in Texas and Texas Medical Center. Ultimately, health care zone master plans are blueprints for local economic development directors to create jobs and will require participation from both the public and private sectors.

23 See e.g., Research Valley One Health Plus Biocorridor Open for Business, July 1, 2011. http://researchvalley.org/in-the-news/one-health-plus-biocorridor-open-for-business/ (accessed on July 13, 2014).

24 Id.

25 See Reingold, Fortune Mag. Vol. 169, No. 9 at 3.

26 Id.

27 Id.

28 Id.

29 AICP is the American Planning Association's professional institute, providing recognized leadership nationwide in the certification of professional planners, ethics, professional development, planning education, and the standards of planning practice.

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The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

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