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Consolidated Agreement-FYI 3 Page 19 of 22 <br /> 1) Except as provided in paragraph (2) of this section or in the MOU or by other applicable law or <br /> agreements,upon termination of this Agreement and services provided by Business Associate,for any <br /> reason,Business Associate shall return or destroy all electronic protected health information and other <br /> protected health information received from Covered Entity, or created or received by Business <br /> Associate on behalf of Covered Entity. This provision shall apply to electronic protected health <br /> information and other protected health information that is in the possession of subcontractors or agents <br /> of Business Associate. Business Associate shall retain no copies of the electronic protected health <br /> information or other protected health information. <br /> 2) In the event that Business Associate determines that returning or destroying the electronic protected <br /> health information or other protected health information is not feasible, Business Associate shall <br /> provide to Covered Entity notification of the conditions that make return or destruction not feasible. <br /> Business Associate shall extend the protections of this Agreement to such electronic protected health <br /> information and other protected health information and limit further uses and disclosures of such <br /> electronic protected health information and other protected health information for those purposes that <br /> make the return or destruction infeasible,for so long as Business Associate maintains such electronic <br /> protected health information and other protected health information. <br /> 6. GENERAL TERMS AND CONDITIONS <br /> a. This Agreement amends and is part of the MOU. <br /> b. Except as provided in this Agreement,all terms and conditions of the MOU shall remain in force and shall <br /> 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 MOU, the interpretation that is in <br /> accordance with the Privacy and Security Rules shall prevail. In the event that a conflict then remains,the <br /> MOU terms shall prevail so long as they are in accordance with the Privacy and Security Rules. <br /> d. A breach of this Agreement by Business Associate shall be considered sufficient basis for Covered Entity to <br /> terminate the MOU for cause. <br /> LOCAL SIGNATURES STATE OF NORTH CAROLINA <br /> -42 1°( 12 <br /> Health Director ( Date Business Associate D to <br /> Covered Entity(Local Health Dept) (Division of Public Health) <br />