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mandated in the HIPAA Security and Privacy Rule, but are nonetheless permitted by the HIPAA <br />Security and Privacy Rule, the provisions of this Agreement shall control. <br />(d) Except as expressly stated herein or the HIPAA Security and Privacy Rule, the parties to <br />this Agreement do not intend to create any rights in any third parties. <br />(e) This Agreement may be amended or modified only in a writing signed by the Parties. No <br />Party may assign its respective rights and obligations under this Agreement without the prior written <br />consent of the other Party. None of the provisions of this Agreement are intended to create, nor will <br />they be deemed to create any relationship between the Parties other than that of independent parties <br />contracting with each other solely for the purposes of effecting the provisions of this Agreement and <br />any other agreements between the Parties evidencing their business relationship. <br />(f) This Agreement will be governed by the laws of the State of North Carolina. <br />(g) No change, waiver or discharge of any liability or obligation hereunder on any one or <br />more occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall <br />prohibit enforcement of any obligation, on any other occasion. <br />(h) The parties agree that, in the event that any documentation of the arrangement pursuant <br />to which Business Associate provides services to Covered Entity contains provisions relating to the use <br />or disclosure of protected health information that are more restrictive than the provisions of this <br />Agreement, the provisions of the more restrictive documentation will control. <br />(i) In the event that any provision of this Agreement is held by a court of competent <br />jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement will remain <br />in full force and effect. <br />(j) The headings in this Agreement are for convenience of reference only and shall not <br />define or limit any of the terms or provisions hereof. <br />IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year <br />written above. <br />COVERED ENTITY: <br />By: ~ ~~ <br />Title: <br />BUSINESS ASSOCIATE: <br />By: <br />Title: <br />S:\Managers Working Files\Contracts\DENTAL\Smart Start Dental Sub-Contracts\Ginger Mann BUSINESS <br />ASSOCIATE AGREEMENT 08-09.doc11/18/200812:24 PM4 <br />