25A - AGMT FOR FLEX SPENDING - Laserfiche WebLink

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DocuSign Envelope ID: CFCE3443-EF37-4FD4-8DCD-D85D559F77AE ii) Termination for Cause. Upon Covered Entity's knowledge of a material breach of this Agreement by Business Associate, Covered Entity shall: (1) Provide an opportunity for Business Associate to cure the breach or end the violation and, if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity, which shall be no less than thirty (30 days), terminate this Agreement; (2) Immediately terminate this Agreement if Business Associate has breached a material term of this Agreement and cure is not possible. iii) Effect of Termination. (1) Except as provided in paragraph 4(iii)(2) of this section, upon termination of this Agreement for any reason, Business Associate shall return or destroy all Protected Health Information received from Covered Entity, or created, maintained or received by Business Associate on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of Subcontractors of Business Associate. Business Associate shall not retain any copies of the Protected Health Information. (2) In the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business Associate shall provide to Covered Entity written notification of the conditions that make return or destruction infeasible. After written notification that return or destruction of Protected Health Information is infeasible, Business Associate shall extend the protections of this Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information. (3) Should Business Associate make a disclosure of PHI in violation of this Agreement, Covered Entity shall have the right to immediately terminate any contract, other than this Agreement, then in force between the Parties, including the Underlying Agreement. Consideration. The parties mutually recognize that the promises each has made to the other in this Agreement shall, henceforth, be detrimentally relied upon by each party in choosing to continue or commence a business relationship with the other party. 1V- '�F .nnnni.m . ni se mnr. Document Generated on June 16, 2020 City of Santa Ana Business Associate Agreement Client Initials: Page 11 25A-34