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27 <br />Contract #68 -2005 <br />Arcadia Health Services, Inc. <br />3) If neither termination nor cure is feasible, report the violation to the Secretary as <br />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 other <br />applicable law or agreements, upon termination of this Agreement and services <br />provided by Business Associate, for any reason, Business Associate shall return or <br />destroy all Protected Health Information received from Covered Entity, or created or <br />received by Business Associate on behalf of Covered Entity. This provision shall <br />apply to Protected Health Information that is in the possession of subcontractors or <br />agents of Business Associate. Business Associate shall retain no copies of the <br />Protected Health Information. <br />2) In the event that Business Associate determines that returning or destroying the <br />Protected Health Information is not feasible, Business Associate shall provide to <br />Covered Entity notification of the conditions that make return or destruction not <br />feasible. Business Associate shall extend the protections of this Agreement to such <br />Protected Health Information and limit further uses and disclosures of such <br />Protected Health Information to those purposes that make the return or destruction <br />infeasible, for so long as Business Associate maintains such Protected Health <br />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 shall <br />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 event that a <br />conflict then remains, the Contract terms shall prevail so long as they are in accordance <br />with the Privacy Rule. <br />d. A breach of this Agreement by Business Associate shall be considered sufficient basis for <br />Covered Entity to terminate the Contract for cause. <br />Signature <br />Agency /Organization <br />Title <br />Date <br />(Certification signature should be same as Contract signature.) <br />Contract -HIPAA (06/04) Page 4 of 4 <br />