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so,Business Associate further agrees to recover any PHI in the possession of its subcontractors or <br /> agents. An authorized representative of Business Associate shall certify in writing to Covered <br /> Entity, within five (5) days from the date of termination or other expiration of the Underlying <br /> Agreement, that all PHI has been returned or disposed of as provided above and that Business <br /> Associate or its subcontractors or agents no longer retain any such PHI in any form. <br /> (2) If it is not feasible for Business Associate to return or destroy said PHI, Business <br /> Associate will notify the Covered Entity in writing.The notification shall include: <br /> a) a statement that the Business Associate has determined that it is infeasible to <br /> return or destroy the PHI in its possession, and (ii) the specific reasons for such <br /> determination. <br /> b) extend any and all protections, limitations and restrictions contained in this <br /> Agreement to Business Associate's use and/or disclosure of any PHI retained after the <br /> termination of this Agreement, and to limit any further uses and/or disclosures to the <br /> purposes that make the return or destruction of the PHI infeasible. <br /> c) If it is infeasible for Business Associate to obtain, from a subcontractor or agent <br /> any PHI in the possession of the subcontractor or agent,Business Associate must provide <br /> a written explanation to Covered Entity and require the subcontractors and agents to <br /> agree to extend any and all protections, limitations and restrictions contained in this <br /> Agreement to the subcontractors' and/or agents' use and/or disclosure of any PHI <br /> retained after the termination of this Agreement, and to limit any further uses and/or <br /> disclosures to the purposes that make the return or destruction of the PHI infeasible. <br /> g. Minimum Necessary. Business Associate will disclose to its subcontractors, agents or other third <br /> parties, and request from Covered Entity, only the minimum PHI necessary to perform or fulfill a specific <br /> function required or permitted hereunder. <br /> h. Notices. Any notices to be given hereunder to a Party shall be made via U.S. Mail or express <br /> courier to such Party's address given below, and/or(other than for the delivery of fees)via facsimile to the <br /> facsimile telephone numbers listed below. <br /> To Covered Entity: Orange County Health Department <br /> Attention: Susan Young <br /> Fax: <br /> To Business Associate: Starpoint Global Services <br /> PO Box 707 <br /> Carrboro,NC27510 <br /> Attention:Richard Ray <br /> Fax:919-942-1400 <br /> Each Party named above may change its address and that of its representative for notice by the giving of notice <br /> thereof in the manner herein above provided. <br /> 21 <br />