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Contrast#68-2012 <br /> CNC/Access,Inc.d/b/a ResCare HomeCare <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 <br /> Associate,to the extent permissible by law;or <br /> 3) If neither termination nor cure is feasible,report the violation to the Secretary as <br /> provided in the Privacy and Security Rules. <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 electronic protected health information and other protected health <br /> information received from Covered Entity,or created or received by Business <br /> Associate on behalf of Covered Entity. This provision shall apply to electronic <br /> protected health information and other protected health information that is in the <br /> possession of subcontractors or agents of Business Associate. Business Associate <br /> shall retain no copies of the electronic protected health information or other <br /> protected health information.. <br /> 2) In the event that Business Associate determines that returning or destroying the <br /> electronic protected health information or other protected health information is not <br /> feasible,Business Associate shall provide to Covered Entity notification of the <br /> conditions that make return or destruction not feasible.Business Associate shall <br /> extend the protections of this Agreement to such electronic protected health <br /> information and other protected health information and limit further uses and <br /> disclosures of such electronic protected health information and other protected <br /> health information to those purposes that make the return or destruction infeasible, <br /> for so long as Business Associate maintains such electronic protected health <br /> information and other protected health 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 and Security Rules shall prevail. In <br /> the event that a conflict then remains,the Contract terms shall prevail so long as they are <br /> in accordance with the Privacy and Security Rules. <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 /> Contract-Scope of Work(07/08) Page 4of 5 <br />