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vi) Make its policies and procedures, and documentation required by this subpart relating <br />to such safeguards, available to the Secretary for purposes of determining the Covered Entity's compliance <br />with 45 CFR Pam, 162 and 164 and; <br />vi) Authorize termination of the contract by the Covered Entity if the Covered Entity' <br />determines that the Business Associate has violated a material terns of the contract, <br />7nutiio, <br />(a) The Term of this Agreement shall be effective as of the effective date herein and shall <br />terminate when all of the PER provided by Covered Entity to Business Associate, or created or received by <br />Business Associate on behalf of Covered Entity, is destroyed or retamted to Covered Entity, or, if it is <br />infeasible to return or destroy PEE, protections are extended to such, information, in accordance with the <br />tenmination provisions in this Section or on the date Covered Entity terminates for cause as authorized in <br />paragraph (b) of this Section, whichever is sooner. <br />(b) Upon Covered Entity's knowledge of a material Breach by Business Associate, Covered <br />Entity s all provide an opportunity for Business Associate to cure the breach or end the violation and <br />terminate this Agreem(nt. If the Business Associate does not cure the breach or end the violation within the <br />time specified by Covered Entit); Covered. Entity shall have the right to immediately terminate this <br />Agreement, Such termination shall. not abrogate any rights which Covered. Entity has against Business <br />Associate for violation of this Agreement. <br />(c) T.tTron termination of this .Agreement for anyreason, Business Associate, with respect to PH <br />receivedfrom.C,overed Entity, or created, maintained, orreceived byBusiness Associate on behalf of Covered <br />Entity, shall. <br />Retain only that PI -11 which is necessary for Business Associate to continue its proper <br />management and administration or to carryout its legal responsibilities; <br />it) Return to Covered Entity (or, if agreed to by Covered Entity, destroy) the .remaining <br />PI -11 that the Business Associate still maintains in anyfortm; <br />iii) Continue to use appropriate safeguards and comply with the HUPAA Rules regarding <br />the use and disclosure of the PT -11, for as long as Business Associate retains the PH; <br />iv) Not use ordisclose the PFTs retained byBusiness Associate otherthan for the purposes <br />for which such PER was retained and subject to the same conditions which applied prior to tertnination; and <br />v) Return to Covered Entity (or, if agreed to byCovered Entity, destroy) the PINT retained <br />by Busnress Associate when it is no longer needed by Business Associate for its proper m anagenrent and <br />administration or to carry out its legal responsibilities, <br />Nliscellan us <br />(a) A reference in this .Agreement to a section m the Privacy Rule means the section as in effect <br />or as amended, and forwhich compliance is required, <br />Kdenhn &•. Aesoainlev— Licanen N(h15127 t <br />Boiiaeas Asaocinru CQOUiiVr (Su,n¢aid8Y1 <br />(Rea, 07/29/ 0) <br />Pete 6 of 8 <br />Cf mus <br />