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Contract#68-2010 <br /> TAMM,L.L.C.dba Right at Home—Durham/Chapel Hill <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 /> V. J, <br /> Signature Title <br /> '#AencAy10r`j'aLn 1 4,C[ization Date <br /> (Certification signature should be same as Contract signature.) <br /> Contract-HIPAA(06/04) Page 4 of 4 <br />