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38 <br /> <br />c. Effect of Termination. <br />1) Except as provided in paragraph (2) of this section or in the Participation Agreement or by other <br />applicable law or agreements, upon termination of this BAA and services provided by Business <br />Associate, for any reason, Business Associate shall return or destroy all Protected Health <br />Information received from Covered Entity, or created or received by Business Associate on behalf <br />of Covered Entity. This provision shall apply to Protected Health Information that is in the <br />possession of subcontractors or agents of Business Associate. Business Associate shall retain no <br />copies of the Protected Health Information. <br />2) In the event that Business Associate determines that returning or destroying the Protected Health <br />Information is not feasible, Business Associate shall provide to Covered Entity notification of the <br />conditions that make return or destruction not feasible. Business Associate shall extend the <br />protections of this BAA to such Protected Health Information and limit further uses and disclosures <br />of such Protected Health Information to those purposes that make the return or destruction <br />infeasible, for so long as Business Associate maintains such Protected Health Information. <br /> <br />6. GENERAL TERMS AND CONDITIONS <br />a. This BAA is part of the Participation Agreement. <br />b. Except as provided in this BAA, all terms and conditions of the Participation Agreement shall remain in <br />force and shall apply to this BAA as if set forth fully herein. <br />c. In the event of a conflict in terms between this BAA and the Participation Agreement, the interpretation <br />that is in accordance with the Privacy Rule shall prevail. In the event that a conflict then remains within <br />this BAA, the BAA terms shall prevail so long as they are in accordance with the Privacy Rule. <br />d. A breach of this BAA by Business Associate shall be considered sufficient basis for Covered Entity to <br />terminate the Participation Agreement for cause. <br /> <br />IN WITNESS WHEREOF, the Parties have executed this Business Associate Agreement as of the day and <br />year written above. <br /> <br />Covered Entity: <br />Participant Organization Name: <br /> <br /> <br />By: <br /> Authorized Signature <br /> <br />Name: <br />Title: <br />Date: <br /> <br /> <br />Business Associate: <br />North Carolina Health Information Exchange <br />Authority <br /> <br /> <br />By: <br /> Authorized Signature <br /> <br />Name: <br />Title: <br />Date: <br /> <br /> <br /> <br /> <br />Dinah Jeffries <br />Emergency Services Director <br />Orange County, North Carolina by and through its "Emergency Services Department" <br />DocuSign Envelope ID: 47B4445A-C7CA-4D2E-9075-2AFD82F82DEC <br />