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22 <br />Consolidated Agreement -FY I I <br />c. Effect of Termination. <br />Page 19 of 19 <br />1) Except as provided in paragraph (2) of this section or in the MOU or by other applicable law or <br />agreements, upon termination of this Agreement and services provided by Business Associate, for any <br />reason, Business Associate shall return or destroy all electronic protected health information and other <br />protected health information received from Covered Entity, or created or received by Business <br />Associate on behalf of Covered Entity. This provision shall apply to electronic protected health <br />information and other protected health information that is in the possession of subcontractors or agents <br />of Business Associate. Business Associate shall retain no copies of the electronic protected health <br />information or other protected health information. <br />2) In the event that Business Associate determines that returning or destroying the electronic protected <br />health information or other protected health information is not feasible, Business Associate shall <br />provide to Covered Entity notification of the conditions that make return or destruction not feasible. <br />Business Associate shall extend the protections of this Agreement to such electronic protected health <br />information and other protected health information and limit further uses and disclosures of such <br />electronic protected health information and other protected health information for those purposes that <br />make the return or destruction infeasible, for so long as Business Associate maintains such electronic <br />protected health information and other protected health information. <br />6. GENERAL TERMS AND CONDITIONS <br />a. This Agreement amends and is part of the MOU. <br />b. Except as provided in this Agreement, all terms and conditions of the MOU shall remain in force and shall <br />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 MOU, the interpretation that is in <br />accordance with the Privacy and Security Rules shall prevail. In the event that a conflict then remains, the <br />MOU terms shall prevail so long as they are in accordance with the Privacy and Security Rules. <br />d. A breach of this Agreement by Business Associate shall be considered sufficient basis for Covered Entity to <br />terminate the MOU for cause. <br />LOCAL SIGNATURES <br />STATE OF NORTH CAROLINA <br />Health Director Date Business Associate Date <br />Covered Entity (Local Health Dept) (Division of Public Health) <br />