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Contract#68-2010 <br /> TAMM,L.L.C.dba Right at Home—Durham/Chapel Hill <br /> 4. PERMITTED USES AND DISCLOSURES <br /> a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if <br /> the Contract permits, Business Associate may use or disclose Protected Health <br /> Information to perform functions, activities, or services for, or on behalf of, Covered <br /> Entity as specified in the Contract, provided that such use or disclosure: <br /> 1) would not violate the Privacy Rule if done by Covered Entity; or <br /> 2) would not violate the minimum necessary policies and procedures of the Covered <br /> Entity. <br /> b. Except as otherwise limited in this Agreement or by other applicable law or agreements, <br /> if the Contract permits, Business Associate may use Protected Health Information as <br /> necessary for the proper management and administration of the Business Associate or to <br /> carry out the legal responsibilities of the Business Associate. <br /> c. Except as otherwise limited in this Agreement or by other applicable law or agreements, <br /> if the Contract permits, Business Associate may disclose Protected Health Information <br /> for the proper management and administration of the Business Associate, provided that: <br /> 1) disclosures are Required By Law; or <br /> 2) Business Associate obtains reasonable assurances from the person to whom the <br /> information is disclosed that it will remain confidential and will be used or further <br /> disclosed only as Required By Law or for the purpose for which it was disclosed to <br /> the person, and the person notifies the Business Associate of any instances of which <br /> it is aware in which the confidentiality of the information has been breached. <br /> d. Except as otherwise limited in this Agreement or by other applicable law or agreements, <br /> if the Contract permits, Business Associate may use Protected Health Information to <br /> provide data aggregation services to Covered Entity as permitted by 45 CFR <br /> 164.504(e)(2)(i)(B). <br /> e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose <br /> Protected Health Information if the use or disclosure would violate any term of the <br /> Contract or other applicable law or agreements. <br /> 5. TERM AND TERMINATION <br /> a. Term. This Agreement shall be effective as of the effective date stated above and shall <br /> terminate when the Contract terminates. <br /> b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by <br /> 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 cure the <br /> breach or end the violation within the time specified by Covered Entity; <br /> 2) Immediately terminate this Agreement and services provided by Business Associate, <br /> to the extent permissible by law; or <br /> Contract-HIPAA(06/04) Page 3 of 4 <br />