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Consolidated Agreement-FY13 Page 18 of 22 / <br /> 4. PERMITTED USES AND DISCLOSURES <br /> a. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU <br /> permits,Business Associate may use or disclose electronic protected health information and other protected <br /> health information to perform functions, activities, or services for, or on behalf of, Covered Entity as <br /> specified in the MOU,provided that such use or disclosure: <br /> 1) would not violate the Privacy and Security Rules 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 or by other applicable law or agreements, if the MOU <br /> permits, Business Associate may use electronic protected health information and other protected health <br /> information as necessary for the proper management and administration of the Business Associate or to <br /> carry out the legal responsibilities of the Business Associate. <br /> c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU <br /> permits,Business Associate may disclose electronic protected health information and other protected health <br /> information for the proper management and administration of the 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 information is disclosed <br /> that it will remain confidential and will be used or further disclosed only as required by law or for the <br /> purpose for which it was disclosed to the person,and the person notifies the Business Associate of any <br /> instances of which it is aware in which the confidentiality of the information has been breached. <br /> d. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU <br /> permits, Business Associate may use electronic protected health information and other protected health <br /> information to provide data aggregation services to Covered Entity as permitted by 45 CFR <br /> 164.504(e)(2)(i)(B). <br /> e. Notwithstanding the foregoing provisions,Business Associate may not use or disclose electronic protected <br /> health information or other protected health information if the use or disclosure would violate any term of <br /> the MOU or by other applicable law or agreements. <br /> 5. TERM AND TERMINATION <br /> a. Term.This Agreement shall be effective as of the effective date stated above and shall terminate when the <br /> MOU terminates. <br /> b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, <br /> Covered Entity may, at its option: <br /> 1) Provide an opportunity for Business Associate to cure the breach or end the violation, and terminate <br /> this Agreement and services provided by Business Associate, to the extent permissible by law, if <br /> Business Associate does not cure the breach or end the violation within the time specified by Covered <br /> Entity; <br /> 2) Immediately terminate this Agreement and services provided by Business Associate, to the extent <br /> permissible by law; or <br /> 3) If neither termination nor cure is feasible, report the violation to the Secretary as provided in the <br /> Privacy and Security Rules. <br /> c. Effect of Termination. <br />