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Consolidated Agreement -Final Page 18 of 18 ~~ <br />c. Effect of Termination. <br />1) Except as provided in paragraph (2) of this section or in the MOU or by other applicable law or agreements, <br />upon termination of this Agreement and services provided by Business Associate, for any reason, Business <br />Associate shall return or destroy all electronic protected health information and other protected health <br />information received from Covered Entity, or created or received by Business Associate on behalf of <br />Covered Entity. This provision shall apply to electronic protected health information and other protected <br />health information that is in the possession of subcontractors or agents of Business Associate. Business <br />Associate shall retain no copies of the electronic protected health information or other protected health <br />information. <br />2) In the event that Business Associate determines that returning or destroying the electronic protected health <br />information or other protected health information is not feasible, Business Associate shall provide to <br />Covered Entity notification of the conditions that make return or destruction not feasible. Business Associate <br />shall extend the protections of this Agreement to such electronic protected health information and other <br />protected health information and limit further uses and disclosures of such electronic protected health <br />information and other protected health information for those purposes that make the return or destruction <br />infeasible, for so Iong as Business Associate maintains such electronic protected health information and <br />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 apply <br />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 accordance <br />with the Privacy and Security Rules shall prevail. In the event that a conflict then remains, the MOU terms shall <br />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 />SIGNATURES <br />Covered Entity <br />Business Associate <br />