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Luthararr Family 3ervieea in the Catoliass <br />2) Immediately terminate this Agreement and services provided by Business <br />Associate, to the extent. permissible by law; 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. E£fect 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 returp 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 ripply to Protected Health Information that is in <br />the poseestiion of subcontractors or agents of Business Associate. Buainesa <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 npt feasible, $usineas Associate shall <br />provide to Covered Entity notification of the conditions that make return or <br />destruction not feasible, Buainesa Associate shah extend the protections of this <br />Agreement tp such Protected Health Information and limit further uses and <br />disclosures of such Protected Health Tnformation to those purposes that mpke <br />the return pr destruction infeasible, for so long as Buainesa Associate maintains. <br />such Protected Health Information. <br />8. GENERAL TERMS AND CONDITIgNS <br />a. This Agreement. amends and is part of the Contract. <br />b. .Except as provided in this Agreement, all terms and. conditions of the Contract shall <br />remain in force end shall apply to this Agreement. as if set forth fully herein. <br />c. In the event of to conflict in terms between this Agreement and. the Contract, the <br />interpretation that is in accordance with the Privacy Rule shall prevail. In the event <br />that a conflict then_remaine, the Contract terms ahaU prevail so long as they are in <br />accordance with' he 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 />Contractor County <br />SIGNATURI~S SIGNATURES <br />Lutheran lratnily Sl~t:~vieea in the Carolinas <br />B,y, By. -- <br />Contract-HIPAA (06/04) ~-_ /' Page 4 of 4 <br />