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Contract. # <br />(Contractor) <br />2) 'Immediately terminate this Agreement and services provided by $usiness <br />Associate, to the oxtent permissible bylaw; or <br />3) If neither termination nor cure is feasible, report the violation to the Secretary <br />as provided in the Privacy Rule. <br />c. Effect of Termination. <br />1) Except as provided in paragraph (2) of this section or in the Contract or by <br />other applicable law or agreements, upon termination of this Agreement and <br />services provided by Business Associate, for any reason, Business Associate <br />shall return or destroy all Protected Health Information received from Covered <br />Entity, or created or received by .Business Associate on behalf of Covered <br />Entity. This provision shall apply to Protected Health- Information that is in <br />the possession of subcontractors or agents of Business Associate. Business <br />Associate shall retain no copies of the Protected Health Information. <br />2) In the event that Business Associate determines that returning or destroying <br />the Protected Health Information- is not feasible, $usiness Associate shall <br />provide to Covered Entity notiffcation of the conditions that make return or <br />destruction not Feasible. Business Associate shall extend the protections of this <br />Agreement to such Protected Health Information and limit further uses and <br />disclosures of such Protected Health Information to those purposes that make <br />the return or destruction infeasible, for so long as Business Associate maintains <br />such Protected Health Information. <br />6: GENERAL TERMS AND CONDITIONS <br />a. 't`his Agreement amends and is part of the Contract. <br />b. Except as provided in this Agreement, allterms and conditions of the Contract shall <br />remain in force and shall apply to this Agreement ae if set forth fully herein. <br />a In the event of a conflict in terms between this Agreement and the Contract, the <br />interpretation that is in accordance with the Privacy Rute shall prevail. In the event <br />that a conflict than remains, the Contract terms shall prevail so long as they are in <br />accordance with the Privacy Rule. <br />d. A. breach of this Agreement by Business. Associate shall be considered sufficient <br />basis for Covered Entity to terminate the Contract for cause. <br />Carolinas Medieal Center-NorthEast <br />Contractor <br />~~ <br />S A URE <br />Contract-HIPAA (06!04) ~- ~ 1 <br />County Manager <br />Cabarrua County <br />SIGNATURES <br />Page 4 of 4 <br />