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LJNCH #92 <br />b. Termination for Cause. Upon Covered Entity's knowledge of a material breach <br />by Business Associate, Covered Entity may, at its option: <br />1) Provide an opportunity for Business Associate to cure the breach or end the <br />violation, and terminate this Agreement and services provided by Business <br />Associate, to the extent permissible by law, if Business Associate does not <br />cure the breach or end the violation within the time specified by Covered <br />Entity; <br />2) Immediately terminate this Agreement and services provided by Business <br />Associate, to the extent permissible by law; or <br />3) If neither termination nor cure is feasible, report the violation to the <br />Secretary as provided in the Privacy Rule. <br />c. Effect of Termination. <br />1) Except as provided in paragraph (2) of this section or in the Contract or by <br />other applicable law or agreements, upon termination of this Agreement and <br />services provided by Business Associate, for any reason, Business Associate <br />shall return or destroy all Protected Health Information received from <br />Covered Entity, or created or received by Business Associate on behalf of <br />Covered Entity. This provision shall apply to Protected Health Information <br />that is in the possession of subcontractors or agents of Business Associate. <br />Business Associate shall retain no copies of the Protected Health <br />Information. <br />2) In the event that Business Associate determines that returning or destroying <br />the Protected Health Information is not feasible, Business Associate shall <br />provide to Covered Entity notification of the conditions that make return or <br />destruction not feasible. Business Associate shall extend the protections of <br />this Agreement to such Protected Health Information and limit further uses <br />and disclosures of such Protected Health Information to those purposes that <br />make the return or destruction infeasible, for so long as Business Associate <br />maintains such Protected Health Information. <br />6. GENERAL TERMS AND CONDITIONS <br />a. This Agreement amends and is part of the Contract. <br />b. Except as provided in this Agreement, all terms and conditions of the Contract <br />shall remain in force and shall apply to this Agreement as if set forth fully herein. <br />c. In the event of a conflict in terms between this Agreement and the Contract, the <br />interpretation that is in accordance with the Privacy Rule shall prevail. In the <br />event that a conflict then remalns, the Contract terms shall prevail so long as they <br />are in accordance with the Privacy Rule. <br />d. A breach of this Agreement by Business Associate shall be considered sufficient <br />basis for Covered Entity to terminate the Contract for cause. <br />