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DocuSign Envelope ID:A70900D0-A55E-4E6C-87AE-D788DF2AC51 C <br /> (c) Notice of Restriction in Individual's Access to Protected Health Information Covered <br /> Entity shall notify Business Associate of any restrictions to the use or disclosure of Protected Health <br /> Information that Covered Entity has agreed in accordance with 45 CTR § 164.522 to the extent that such <br /> restriction may affect Business Associate's use of Protected Health Information. <br /> VI. PERMISSABLE RE VESTS BY COVERED ENIIIY <br /> Requests Permissible Under HJPAA. Covered Entity shall not request Business Associate to use <br /> or disclose Protected Health Information in any manner that would not be permissible under the Privacy <br /> or Security Rule <br /> VII IERMINAIION <br /> (a) Ier:na Ihis Agreement shall be effective as of'the date first set forth above and shall <br /> terminate upon the earlier of (i) the termination of all agreements between the parties, and (ii) the <br /> termination by Covered Entity for cause as provided herein. <br /> (b) Termination for Cause. Notwithstanding anything in this Agreement to the contrary, <br /> Covered Entity shall have the right to terminate this Agreement and the Service Agreement immediately <br /> if Covered Entity determincs that Business Associate has or will violated any material term of this <br /> Agreement. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered <br /> Entity shall provide an opportunity for Business Associate to cure the breach or end the violation. <br /> Covered Entity may terminate this Agreement if Business Associate does not cure the breach or end the <br /> violation within the time period specified by Covered Entity If termination, cure or end of the violation <br /> is not feasible, Covered Entity may report the violation to the Secretary. <br /> (c) Obligation of Business Associate Upon Icrmnnation. At tennination of this Agreement, <br /> the Service Agreement (or any sirxrilar documentation of the business relationship of the Patties), or upon <br /> request of Covered Entity,whichever occurs first,Business Associate, shall: <br /> A if feasible,return(in a manner or process approved by the Covered Entity) or destroy <br /> all Protected Health Information, regardless of form, including but not limited to <br /> paper or electronic format, received from Covered Entity, or created, maintained or <br /> received by Business Associate on behalf of Covered Entity. Business Associate <br /> shall retain no copies of the Protected Health Information. This provision shall also <br /> apply to Protected Health Information and other confidential information in the <br /> possession of sub-contractors or agents of'Business Associate <br /> B_ If such return or destruction is not feasible, Business Associate shall (i) retain only <br /> that Protected Health Information necessary for Business Associate to continue its <br /> proper management and administration or to carry out its legal responsibilities; (ii) <br /> return or destroy the remaining Protected Health Information that the Business <br /> Associate still maintains in any form; (iii) extend the protections of this Agreement to <br /> the retained Protected Health Information; (iv) limit further uses and disclosures to <br /> those purposes that make the return or destruction of the Protected Health <br /> Information not feasible; and (v) return or destroy the retained Protected Health. <br /> Information when it is no longer needed by Business Associate <br /> (d) Survival This paragraph shall survive the termination of this Agreement and shall apply <br /> to Protected Health Information created, maintained, or received by Business Associate and any of its <br /> subcontractors <br /> VIII MISCELLANEOUS <br /> 6 <br /> October 2013 <br />