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Cons6lidated Ageement -Final <br />4. PERMITTED USES AND DISCLOSURES <br />Page 20 of 21 <br />a. Except as otherwise limited in this Agreement, if the CAAA permits, Business Associate may <br />use or disclose Protected Health Information to perform functions, activities, or services for, or <br />on behalf of, Covered Entity as specified in the CAAA, 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 Entity. <br />b. Except as otherwise limited in this Agreement, if the CAAA permits, Business Associate may <br />use Protected Health Information for the proper management and administration of the <br />Business Associate or to carry out the legal responsibilities of the Business Associate. <br />c. Except as otherwise limited in this Agreement, if the CAAA permits, Business Associate may <br />disclose Protected Health Information for the proper management and administration of the <br />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 used or further disclosed only <br />as Required By Law or for the purpose for which it was disclosed to the person, and the <br />person notifies the Business Associate of any instances of which it is aware in which the <br />confidentiality of the information has been breached. <br />d. Except as otherwise limited in this Agreement, if the CAAA permits, Business Associate may <br />use Protected Health Information to provide data aggregation services to Covered Entity as <br />permitted by 42 CFR 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 CAAA. <br />5. TERM AND TERMINATION <br />a. Term. The Term of this Agreement shall be effective as of the effective date stated above <br />and shall terminate when the CAAA 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 violation, and <br />terminate this Agreement if Business Associate does not cure the breach or end the <br />violation within the time specified by Covered Entity; <br />2) Immediately terminate this Agreement; or <br />3) If neither termination nor cure are 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 CAAA, upon termination of <br />this Agreement, for any reason, Business Associate shall return or destroy all Protected <br />Health Information received from Covered Entity, or created or received by Business <br />