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<br />Contract # <br />Lutheran Family Services in the Carolinas <br /> <br />2) Immediately terminate this Agreement and services provided by Business <br />Associate, to the extent permissible by law; or <br /> <br />3) If neither termination nor cure is feasible, report the violation to the Secretary <br />as provided in the Privacy Rule. <br /> <br />c. Effect of Termination. <br /> <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 /> <br />2) In the event that Business Associate determines that returning or destroying <br />the Protected Health Information is not feasible, Business Associate shall <br />provide to Covered Entity notification 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 /> <br />6. GENERAL TERMS AND CONDITIONS <br /> <br />a. This Agreement amends and is part of the Contract. <br /> <br />b. Except as provided in this Agreement, all terms and conditions of the Contract shall <br />remain in force and shall apply to this Agreement as if set forth fully herein. <br /> <br />c. In the event of a 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 remains, the Contract terms shall prevail so long as they are in <br />accordance with the Privacy Rule. <br /> <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 /> <br /> <br />s in the Carolinas <br /> <br />~ <br /> <br />County <br /> <br />By: <br /> <br />SIGNATURES <br /> <br />Contract-HIP AA (06/04) <br /> <br />Page 4 of 4 <br /> <br />F-10 <br />