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d) disclosures for national security or intelligence purposes as provided by the <br /> HIPAA Regulations; <br /> e) disclosures to correctional institutions or law enforcement officials as <br /> provided by the HIPAA Regulations; <br /> f) disclosures that occurred prior to the later of (i) the effective date of this <br /> Agreement or (ii) the date that Covered Entity is required to comply with <br /> HIPAA and the HIPAA Regulations. <br /> g) disclosures pursuant to an individual's authorization in accordance with <br /> HIPAA and the HIPAA Regulations. <br /> d. Forwarding Requests From Individual. In the event that any individual requests access to, <br /> amendment of, or accounting of PHI directly from Business Associate, Business Associate shall <br /> within two (2) days forward such request to Covered Entity. Covered Entity shall have the <br /> responsibility of responding to forwarded requests. However, if forwarding the individual's <br /> request to Covered Entity would cause Covered Entity or Business Associate to violate HIPAA or <br /> the HIPAA Regulations, Business Associate shall instead respond to the individual's request as <br /> required by such law and notify Covered Entity of such response as soon as practicable. <br /> 7. Material Breach,Enforcement and Termination. <br /> a. Term. This Agreement shall be effective as of August 17, 2011, and shall continue unless or <br /> until the Agreement is terminated in accordance with the provisions of this Agreement or the <br /> Underlying Agreement terminates. <br /> b.Termination. Covered Entity may terminate this Agreement: <br /> (1) immediately if Business Associate is named as a defendant in a criminal proceeding <br /> for a violation of HIPAA or the HIPAA Regulations; <br /> (2) immediately if a finding or stipulation that Business Associate has violated any <br /> standard or requirement of HIPAA or other security or privacy laws is made in any <br /> administrative or civil proceeding in which Business Associate has been joined;or <br /> (3)pursuant to Sections 7c or 8b of this Agreement. <br /> c. Remedies. If Covered Entity determines that Business Associate has breached or violated a <br /> material term of this Agreement, Covered Entity may, at its option, pursue any and all of the <br /> following remedies: <br /> (1)Exercise any of its rights of access and inspection under this Agreement; <br /> (2)Take any other reasonable steps that Covered Entity, in its sole discretion, shall deem <br /> necessary to cure such breach or end such violation;or <br /> (3)Terminate this Agreement and the Underlying Agreement immediately. <br /> d. Knowledge of Non-Compliance. Any non-compliance by Business Associate with this <br /> Agreement or with HIPAA or the HIPAA Regulations will automatically be considered a breach <br /> or violation of a material term of this Agreement if Business Associate knew or reasonably should <br /> have known of such non-compliance and failed to immediately take reasonable steps to cure the <br /> non-compliance. <br /> e.Reporting to United States Department of Health and Human Services. If Covered Entity's <br /> efforts to cure any breach or end any violation are unsuccessful, and if termination of this <br /> Agreement is not feasible, Covered Entity shall report Business Associate's breach or violation to <br /> the Secretary of the United States Department of Health and Human Services, and Business <br /> Page 18 <br />