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<br />7 <br /> <br />Business Associate will not retain any copies of such information. This provision will apply <br />to PHI in the possession of Business Associate’s agents and subcontractors. If return or <br />destruction of the PHI is not feasible, in Business Associate’s reasonable judgment, Business <br />Associate will furnish Covered Entity with notification, in writing, of the conditions that <br />make return or destruction infeasible. Upon mutual agreement of the Parties that return or <br />destruction of the PHI is infeasible, Business Associate will extend the protections of this <br />BAA to such information for as long as Business Associate retains such information and will <br />limit further uses and disclosures to those purposes that make the return or destruction of <br />the information not feasible. The Parties understand that this Section 14.D. will survive any <br />termination of this BAA. <br />16. Effect of BAA. <br />A. This BAA is a part of and subject to the terms of the Agreement, except that to the extent <br />any terms of this BAA conflict with any term of the Agreement, the terms of this BAA will <br />govern. <br />B. Except as expressly stated in this BAA or as provided by law, this BAA will not create any <br />rights in favor of any third party. <br />17. Regulatory References. A reference in this BAA to a section in HIPAA means the section as in <br />effect or as amended at the time. <br />18. Notices. All notices, requests and demands or other communications to be given under this <br />BAA to a Party will be made via either first class mail, registered or certified or express courier, <br />or electronic mail to the Party’s address given below: <br />A. If to Covered Entity, to: <br />Orange County Transportation <br />Attn: Jamael Wiley <br />T: Transit Operations Manager <br />E: jwiley@orangecountync.gov <br />B. If to Business Associate, to: <br />Foxster Optco ("CTS Software", "CTS") <br />Attn: Adam Fox <br />T: President <br />E: adam.fox@cts-software.com <br />19. Amendments and Waiver. This BAA may not be modified, nor will any provision be waived or <br />amended, except in writing duly signed by authorized representatives of the Parties. A waiver <br />with respect to one event shall not be construed as continuing, or as a bar to or waiver of any <br />right or remedy as to subsequent events. <br />20. HITECH Act Compliance. The Parties acknowledge that the HITECH Act includes significant <br />changes to the Privacy Rule and the Security Rule. The privacy subtitle of the HITECH Act sets <br />forth provisions that significantly change the requirements for business associates and the <br />Docusign Envelope ID: 570451FC-66D7-4F0D-A133-FD52C5F42668Docusign Envelope ID: 2F0A6F2B-A88D-43A2-97AA-4CF0CF9C3EE6