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amended, the HIPAA Privacy Rule shall control. Where provisions of this <br />Agreement are different than those mandated in the HIPAA Privacy Rule, but are <br />nonetheless permitted by the HIPAA Privacy Rule, the provisions of this Agreement <br />shall control. <br />(d) Except as expressly stated herein or the HIPAA Privacy Rule, the parties to this <br />Agreement do not intend to create any rights in any third parties. <br />(e) This Agreement may be amended or modified only in a writing signed by the <br />Parties. No Party may assign its respective rights and obligations under this <br />Agreement without the prior written consent of the other Party. None of the <br />provisions of this Agreement are intended to create, nor will they be deemed to <br />create any relationship between the Parties other than that of independent <br />parties contracting with each other solely for the purposes of effecting the <br />provisions of this Agreement and any other agreements between the Parties <br />evidencing their business relationship. <br />(f) This Agreement will be governed by the laws of the State of North Carolina. <br />(g) No change, waiver or discharge of any liability or obligation hereunder on any <br />one or more occasions shall be deemed a waiver of performance of any <br />continuing or other obligation, or shall prohibit enforcement of any obligation, on <br />any other occasion. <br />(h) The parties agree that, in the event that any documentation of the arrangement <br />pursuant to which Business Associate provides services to Covered Entity contains <br />provisions relating to the use or disclosure of protected health information that <br />are more restrictive than the provisions of this Agreement, the provisions of the <br />more restrictive documentation will control <br />(i) In the event that any provision of this Agreement is held by a court of competent <br />jurisdiction to be invalid or unenforceable, the remainder of the provisions of this <br />Agreement will remain in full force and effect. <br />(j) The headings in this Agreement are for convenience of reference only and shall <br />not define or limit any of the terms or provisions hereof. <br />IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year <br />written above. <br />COVERED ENTITY: <br />s ~- <br />,. ~ <br />BUSINESS ASSOCIATE: <br />By: `~/ 2~-.. <br />~f ~ ~ - <br />1 + , 'c- .-'`~ (. lL . ,., /Nil G j _f <br />Title: - )~"~ ~ t. ~ Title: /rte /~/! .~ <br />vi <br />Page 4 of 4 <br />S:\Managers Working Files\Contracts\PHARMACY\FY 2010\09-10 OCBAA with Dupuis.doc <br />