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17 <br /> amended, the HIPAA Privacy Rule shall control. Where provisions of this <br /> Agreement are different than those mandated in the HIPAA Privacy Rule, but are <br /> nonetheless permitted by the HIPAA Privacy Rule, fhe provisions of this Agreement <br /> shall control. <br /> (d) Except as expressly stated herein or the HIPAA Privacy Rule, the parties to this <br /> Agreement do not intend to create any rights in any third parties. <br /> (e) This Agreement may be amended or modified only in a writing signed by the <br /> Parties. No Party may assign its respective rights and obligations under this <br /> Agreement without the prior written consent of the other Party. None of the <br /> provisions of this Agreement are intended to create, nor will they be deemed to <br /> create any relationship between the Parties other than that of independent <br /> parties contracting with each other solely for the purposes of effecting the <br /> provisions of this Agreement and any other agreements between the Parties <br /> evidencing their business relationship. <br /> M This Agreement will be governed by the laws of the State of North Carolina. <br /> (g) No change,waiver or discharge of any liability or obligation hereunder on any <br /> one or more occasions shall be deemed a waiver of performance of any <br /> continuing or other obligation, or shall prohibit enforcement of any obligation, on <br /> any other occasion. <br /> (h) The parties agree that, in the event that any documentation of the arrangement <br /> pursuant to which Business Associate provides services to Covered Entity contains <br /> provisions relating to the use or disclosure of protected health information that <br /> are more restrictive than the provisions of this Agreement, the provisions of the <br /> more restrictive documentation will control. <br /> 0) In the event that any provision of this Agreement is held by a court of competent <br /> jurisdiction to be invalid or unenforceable, the remainder of the provisions of this <br /> Agreement will remain in full force and effect. <br /> (j) The headings in this Agreement are for convenience of reference only and shall <br /> not define or limit any of the terms or provisions hereof. <br /> IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year <br /> written above. <br /> COVERED ENTITY: BUSINESS ASSOCIATE: <br /> By: By: <br /> Title: Title: <br />