2017-655 Health - UNC School of Medicine MOU for FIT program

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and compliance reviews, permit access to information, and cooperate with any complaints, as required by law. (g) Business Associate shall report to Covered Entity (see Attachment A) any use or disclosure of Protected Health Information that is not in compliance with the terms of this Agreement, as well as any successful or pattern of unsuccessful Security Incident(s) and /or Breach(es) of unsecured Protected Health Information, of which it becomes aware, without unreasonable delay. Security Incidents and Breaches shall be treated as discovered by Business Associate as of the first day on which such Security Incident or Breach is known to Business Associate or, by exercising reasonable diligence, would have been known to Business Associate. For purposes of this Agreement, "Security Incident" means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system. As to any Breach(es) of unsecured Protected Health Information, such notification shall contain the elements required by 45 C.F.R. § 164.410. IV. AVAILABILITY OF PI -11 (a) Business Associate agrees to make available Protected Health InfOrmatimi in a Designated Record Set to Covered Entity to the extent and in the manner required by Section 164.524 of the HIPAA Security and Privacy Rule. (b) Business Associate agrees to make available Protected Health Information in a Designated Record Set to Covered Entity for amendment and to incorporate any amendments to Protected Health Information in accordance with the requirements of Section 164.526 of the HIPAA Security and Privacy Rule and at the direction of Covered Entity. (c) Business Associate agrees to nnaimain and male available the information required for Covered Entity to provide an accounting of disclosures, as required by Section 161.528 of tlic 141PAA Security and Privacy Rule. (d) Business Associate agrees to comply with any requests by Covered Entity for restriction on certain disclosures of Protected Health Information pursuant to Section 164.522 of the HIPAA Security and Privacy Rule to which Covered Entity has agreed and of which Business Associate is notified by Covered Entity. (e) In the event an Individual makes a request under this Section IV directly to Business Associate, Business Associate will noti[ }r Covered Entity in writing of such request so that Covered Entity may respond to such request. V. TERMINATION This Agreement shall be effective as of the date first set forth above and shall terminate upon the earlier of (i) the termination of all agreements between the parties, and (ii) the termination by either party for cause as provided herein. Notwithstanding anything in this Agreement to the contrary, each party shall have the right to terminate this Agreement and the Arrangement Agreement immediately if such party determines that the other party has violated any material term of this Agreement and the other party has not cured the breach or ended the violation within thirty (30) days of receipt of written notification of such violation from the notifying party. Notwithstanding anything in this Agreement to the contrary, Business Associate shall have the right to terminate this Agreement and the Arrangement Agreement immediately if Covered Entity agrees to restrictions on the use or disclosure of Protected Health Information that materially affect Business Associate's ability to perform or the cost of Business Associate's performance under this Agreement or the Arrangement Agreement. {00102384.DOCX}