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(c) At termination of this Agreement, the Arrangement Agreement (or any similar <br /> documentation of the business relationship of the Parties ) , or upon request of Covered Entity, <br /> whichever occurs first, if feasible , Business Associate will return (in a manner or process <br /> approved by the Covered Entity) or destroy all Protected Health Information received from <br /> Covered Entity, or created , maintained or received by Business Associate on behalf of Covered <br /> Entity, that Business Associate still maintains in any form and retain no copies of such <br /> information . If such return or destruction is not feasible , Business Associate will (1) retain only <br /> that Protected Health Information necessary under the circumstances ; (ii) return or destroy the <br /> remaining Protected Health Information that the Business Associate still maintains in any form ; <br /> (iii) extend the protections of this Agreement to the retained Protected Health Information ; (iv) <br /> limit further uses and disclosures to those purposes that make the return or destruction of the <br /> Protected Health Information not feasible ; and (v) return or destroy the retained Protected Health <br /> Information when it is no longer needed by Business Associate . This paragraph shall survive the <br /> termination of this Agreement and shall apply to Protected Health Information created , <br /> maintained , or received by Business Associate and any of its subcontractors . <br /> ( d) Business Associate agrees to ensure that its agents , including any subcontractors , <br /> that create , receive , maintain or transmit Protected Health Information on behalf of Business <br /> Associate agree to the same (or greater) restrictions and conditions that apply to Business <br /> Associate with respect to such information, and agree to implement reasonable and appropriate <br /> safeguards to protect any of such information that is Electronic Protected Health Information . <br /> Business Associate agrees to enter into written agreements with any subcontractors in <br /> accordance with the requirements of the HIPAA Rules . In addition, Business Associate agrees to <br /> take reasonable steps to ensure that its employees ' actions or omissions do not cause Business <br /> Associate to breach the terms of this Agreement . <br /> (e) Business Associate will implement appropriate safeguards to prevent use or <br /> disclosure of Protected Health Information other than as permitted in this Agreement . Business <br /> Associate will implement administrative , physical , and technical safeguards that reasonably and <br /> appropriately protect the confidentiality, integrity , and availability of any Electronic Protected <br /> Health Information that it creates , receives , maintains , or transmits on behalf of Covered Entity <br /> as required by the HIPAA Rules . <br /> (f) To the extent applicable , Business Associate will comply with (1) Covered <br /> Entity ' s Notice of Privacy Practices ; (ii ) any limitations to which Covered Entity has agreed in <br /> regard to an Individual ' s permission to use or disclose his or her Protected Health Information ; <br /> and (iii) any restrictions to the use or disclosure of Protected Health Information to which <br /> Covered Entity has agreed or is required to agree . <br /> (g) Business Associate will make its internal practices , books and records available to <br /> the Secretary of the Department of Health and Human Services for purposes of determining <br /> compliance with the HIPAA Rules , and , at the request of the Secretary , will comply with any <br /> investigations and compliance reviews , permit access to information, and cooperate with any <br /> Exhibit C - 4 <br />