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a.Date of disclosure, <br /> b. The name of the person or entity who received the PHI, and if known,the address of such entity or person, <br /> c. A brief description of the PHI disclosed, and <br /> d. A brief statement of the purpose of such disclosure which includes an explanation of the basis of such <br /> disclosure. . <br /> In the event the request for an accounting is delivered directly to the Business Associate, the Business Associate . <br /> shall respond to the request within ten(10)business days. Any denials of a request for an accounting shall be the <br /> responsibility of the Business Associate. Business Associate agrees to implement an appropriate recordkeeping <br /> process to enable it to comply with the requirements of this Section. <br /> 10.Remuneration in Exchange for PHI. Effective six(6)months after the issuance of applicable final <br /> regulations pursuant to the American Recovery and Reinvestment Act of 2009, Business Associate shall not <br /> directly or indirectly receive remuneration in exchange for any PHI without a valid authorization permitting <br /> such remuneration, except as permitted by law. <br /> C. OBLIGATIONS OF COVERED ENTITY <br /> 1. Covered Entity shall comply with each applicable requirement of the HIPAA Privacy and Security Rules. <br /> 2. Covered Entity shall provide Business Associate with the notice of privacy practices that Covered Entity <br /> produces in accordance with 45 CFR 164.520, as well as any changes to such notice. <br /> 3. Covered Entity shall provide Business Associate with any changes.in, or revocation of,permission <br /> by individual to use or disclose PHI, if such changes affect Business Associate's permitted or <br /> required uses and disclosures. <br /> 4. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI <br /> that Covered Entity has agreed to in accordance with 45 CFR 164.522. <br /> D. PERMISSIBLE REQUESTS BY COVERED ENTITY <br /> Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be <br /> permissible under HIPAA if done by the Covered Entity, except that Business Associate shall be per_miffed to <br /> use PHI as set forth in this Agreement. <br /> E. TERIVIINATION <br /> 1. Term. The provisions of this Agreement shall take place on the Agreement's Effective Date and shall <br /> terminate when all of the Protected Health Information provided by Covered Entity to Business Associate, <br /> or created,maintained,transmitted or received by Business Associate on behalf of Covered Entity,is <br /> destroyed or returned to Covered Entity, or,in accordance with Section E(3)(b) of this Agreement. <br /> 2. Termination for Cause. Without limiting the termination rights of the parties pursuant to the Agreement <br /> and upon either party's knowledge of material breach of this Agreement or non compliance with an applicable <br /> law by the other party, the non-breaching party shall provide an opportunity for the breaching party to cure the <br /> breach or end the violation, or terminate the Agreement, if the breaching party does not cure the breach or end <br /> the violation within the time specified by the non-breaching party, or immediately terminate this Agreement, if, <br /> in the non-breaching party's reasonable judgment, cure is not possible. <br /> 3. Effect of Termination. <br /> a. Except as provided in Section E3(a),upon termination of this Agreement, for any reason,Business <br /> Associate shall return or destroy all Protected Health Information received from the Covered <br /> Entity,or created,maintained,transmitted or received by Business Associate on behalf of Covered <br /> Entity. This provision shall apply to Protected Health Information that is in the possession of <br /> subcontractors or agents of Business Associate. Business Associate shall retain no copies of the <br /> Protected Health Information. <br /> b. In the event the Business Associate determines that returning or destroying the Protected Health <br /> Information is infeasible,Business Associate shall provide to Covered Entity notification of the <br /> conditions that make return or destruction infeasible. Upon mutual agreement of the parties that <br /> return or destruction of Protected Health Information is infeasible,per Section 3(a)above, Business <br /> Associate shall continue to extend the protection of this Agreement to such Protected Health <br /> Information and limit further uses and disclosures of such Protected Health Information for so long <br /> as Business Associate maintains such Protect Health Information. <br /> 4. Judicial or Administrative Proceedings. Either party may terminate the Agreement, effective immediately <br /> if:(a)the other party is named as a defendant in a criminal proceeding for a violation of HIPAA or(b)a <br />