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W <br />Contract #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 />