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this Agreement, available to the Covered Entity, at no cost to the Covered Entity, to testify as witnesses, or otherwise, In the event of Iltigation or administrative proceedings being commenced against the Covered Entity, its directors, officers, or employees based upon a claimed violation of HIPAA, the HIPAA regulations, or other laws relating to security and privacy, except where the Business Associate or its subcontractors, employees, or agents are named as an adverse party. (1) Binding Effect, This Business Associate Agreement shall be binding upon the parties hereto and their successors and assigns. For purposes of this agreement, a signed copy delivered by facsimile or electronically shall be treated by the parties as an original of this agreement and shall be given the same force and effect. (m) Governing Law, Jurisdiction, and Venue. This Agreement shall be governed by the law of California except to the extent preempted by federal law. (n) Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. (o) Construction and interpretation. The section headings contained in this Agreement are for reference purposes only and shall not In any way affect the meaning or Interpretation of this Agreement. This Agreement has been negotiated by the parties at arm's-length and each of them has had an opportunity to modify the language of the Agreement. Accordingly, the Agreement shall be treated as having been drafted equally by the parties and the language shelf be construed as a whole and according to Its fair meaning. Any presumption or principle that the language Is to be construed against any party shall not apply. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (p) Electronic Signature. An electronic signature captured within a software system will result in a legally binding contract under applicable state law. In Witness Whereof, the parties hereto have caused this Agreement to be executed as of the date first above written. I BUSINESS ASSOCIATE: BASIC (� ,.n l Signature: I�y.o u" � �!� Print Name, 1 � OVAl (L Ip' yc Title: I , x'e, nr l &W s wrcr-t Date., 61, 101 -yt I COVERED ENTITY: Employer: Print Name: _ �iilFiiL �0 Title:U�� Date: