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~~ <br />Consolidated Agreement -Final <br />4. PERNIITTED USES AND DISCLOSURES <br />Page 17 of 18 <br />a. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU permits, <br />Business Associate may use or disclose electronic protected health information and other protected health <br />information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the <br />MOU, provided that such use or disclosure: <br />1) would not violate the Privacy and Security Rules if done by Covered Entity; or <br />2) would not violate the minimum necessary policies and procedures of the Covered Entity. <br />b. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU permits, <br />Business Associate may use electronic protected health information and other protected health information as <br />necessary for the proper management and administration of the Business Associate or to carry out the legal <br />responsibilities of the Business Associate. <br />c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU permits, <br />Business Associate may disclose electronic protected'health information and other protected health information <br />for the proper management and administration of the Business Associate, provided that: <br />1) disclosures are required bylaw; or <br />2) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that <br />it will remain confidential and will be used or further disclosed only as required by law or for the purpose for <br />which it was disclosed to the person, and the person notifies the Business Associate of any instances of <br />which it is aware in which the confidentiality of the information has been breached. <br />d. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU permits, <br />Business Associate may use electronic protected health information and other protected health information to <br />provide data aggregation services to Covered Entity as permitted by 45 CFR 164.504(e}(2)(i)(B). <br />e. Notwithstandingthe foregoing provisions, Business Associate may not use or disclose electronic protected health <br />information or other protected health information if the use or disclosure would violate any term of the MOU or <br />by other applicable law or agreements. <br />S. TERM AND TERMIlVATION <br />a. Term. This Agreement shall be effective as of the effective date stated above and shall terminate when the MOU <br />terminates. <br />b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered <br />Entity may, at its option: <br />1) Provide an opportunity for Business Associate to cure the breach or end the violation, and terminate this <br />Agreement and services provided by Business Associate, to the extent permissible by law, if Business <br />Associate does not cure the breach or end the violation within the time specified by Covered Entity;. <br />2) Immediately terminate this Agreement and services provided by Business Associate, to the extent <br />permissible bylaw; or <br />3) Ifneither termination nor cure is feasible, report the violation to the Secretary as provided in the Privacy and <br />Security Rules. ' <br />