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15 <br />d) disclosures for national security or intelligence purposes as provided by the <br />HIPAA Regulations; <br /> <br />e) disclosures to correctional institutions or law enforcement officials as provided <br />by the HIPAA Regulations; <br /> <br />f) disclosures that occurred prior to the later of (i) the effective date of this <br />Agreement or (ii) the date that Covered Entity is required to comply with HIPAA and the <br />HIPAA Regulations. <br /> <br />g) disclosures pursuant to an individual’s authorization in accordance with HIPAA <br />and the HIPAA Regulations. <br /> <br />d. Forwarding Requests From Individual. In the event that any individual requests access to, <br />amendment of, or accounting of PHI directly from Business Associate, Business Associate shall within two <br />(2) days forward such request to Covered Entity. Covered Entity shall have the responsibility of <br />responding to forwarded requests. However, if forwarding the individual’s request to Covered Entity <br />would cause Covered Entity or Business Associate to violate HIPAA or the HIPAA Regulations, Business <br />Associate shall instead respond to the individual’s request as required by such law and notify Covered <br />Entity of such response as soon as practicable. <br /> <br />7. Material Breach, Enforcement and Termination. <br /> <br />a. Term. This Agreement shall be effective as of the later of __________________ or the effective <br />date of the Underlying Agreement, __________________, and shall continue unless or until the Agreement <br />is terminated in accordance with the provisions of this Agreement or the Underlying Agreement <br />terminates. <br /> <br /> <br />b. Termination. Covered Entity may terminate this Agreement: <br /> <br />(1) immediately if Business Associate is named as a defendant in a criminal proceeding for a <br />violation of HIPAA or the HIPAA Regulations; <br /> <br />(2) immediately if a finding or stipulation that Business Associate has violated any standard <br />or requirement of HIPAA or other security or privacy laws is made in any administrative or civil <br />proceeding in which Business Associate has been joined; or <br /> <br />(3) pursuant to Sections 7c or 8b of this Agreement. <br /> <br />c. Remedies. If Covered Entity determines that Business Associate has breached or violated a <br />material term of this Agreement, Covered Entity may, at its option, pursue any and all of the following <br />remedies: <br /> <br />(1) Exercise any of its rights of access and inspection under this Agreement; <br /> <br />(2) Take any other reasonable steps that Covered Entity, in its sole discretion, shall deem <br />necessary to cure such breach or end such violation; or <br /> <br />(3) Terminate this Agreement and the Underlying Agreement immediately. <br /> <br />d. Knowledge of Non-Compliance. Any non-compliance by Business Associate with this <br />Agreement or with HIPAA or the HIPAA Regulations will automatically be considered a breach or <br />violation of a material term of this Agreement if Business Associate knew or reasonably should have <br />known of such non-compliance and failed to immediately take reasonable steps to cure the non-compliance. <br /> <br />DocuSign Envelope ID: 2A625151-A0A5-4550-AF52-91CBC3DDBC3C