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6 <br /> <br />Party to comply with any applicable federal, state, or local laws, regulations, or codes in the <br />performance of its obligations under this Agreement. <br /> <br />10.2 Control of Defense. Notwithstanding anything to the contrary in this Section 11, the <br />Indemnified Party may defend an indemnified claim with counsel of its own choosing and <br />without the Indemnifying Party’s participation if the Indemnifying Party fails to assume the <br />defense or refuses to defend the indemnified claim. <br /> <br />11 COOPERATION IN DISPOSITION OF CLAIMS. Field Site and College agree to <br />promptly notify and cooperate with each other in the timely investigation and disposition of <br />audits, peer review matters, disciplinary actions, and third-party liability claims arising out of <br />the operation of the Program. <br /> <br />In the event that a Party is involved in a claim or investigation as may be reasonably related to <br />this Agreement, that Party, to the extent allowed by law, shall have reasonable and timely access <br />to the medical records, charts, quality assurance data, and/or such other records and data of the <br />other Party. <br /> <br />12 PATIENT RECORDS; DISCLOSURE OF PROTECTED HEALTH INFORMATION. <br /> <br />12.1 Confidentiality; HIPAA. College shall notify Students that they are expected to comply with <br />the applicable provisions of the Health Insurance Portability and Accountability Act of 1996 <br />(“HIPAA”), as amended or modified by the American Recovery and Reinvestment Act of 2009 <br />(“ARRA”), and the requirements of any regulations promulgated thereunder, including, without <br />limitation, the federal privacy regulations as contained in 45 C.F.R. Part 164 and the federal <br />security standards as contained in 45 CFR 162. College shall notify Students that they shall not <br />use or further disclose any protected health information, as defined in 45 C.F.R. 164.504, or <br />individually identifiable health information, as defined in 42 U.S.C. §1320d (the “Protected <br />Health Information”), other than as permitted by this Agreement and the requirements of <br />HIPAA. <br /> <br />13 FERPA. Parties agree to protect the Student’s educational records in accordance with the <br />Family Educational Rights and Privacy Act 20 USC 1232g to the extent applicable to such <br />Party. To the extent permitted by law, the Parties may share information from participant’s <br />educational records with each other so that each can perform its respective responsibilities under <br />this Agreement but shall not disclose or share education records with any third party absent the <br />written consent of the Student. <br /> <br />14 PUBLICATION OF FIELD STUDIES OR RESEARCH. Special reports and publications <br />based upon studies and research related to the Program shall be cleared prior to release, first <br />through the Proper Educational Department and then by the administration of the Field Site. <br />Such published materials shall clearly indicate the cooperative nature of the Program and the <br />mutual objectives. <br /> <br />15 MISCELLANEOUS. <br /> <br />DocuSign Envelope ID: 9ADB6417-4FA7-44D1-8FE1-96F14C1FF8C1