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DocuSign Envelope ID: CFCE3443-EF37-4FD4-8DCD-D85D559F77AE 6. Remedies in Event of Breach. Business Associate hereby recognizes that irreparable harm will result to Covered Entity, and to the business of Covered Entity, in the event of breach by Business Associate of any of the covenants and assurances contained in this Agreement. As such, in the event of breach of any of the covenants and assurances contained in Sections 2 or 3 above, Covered Entity shall be entitled to enjoin and restrain Business Associate from any continued violation of Sections 2 or 3. Furthermore, in the event of breach of Sections 2 or 3 by Business Associate, Covered Entity is entitled to reimbursement and indemnification from Business Associate for Covered Entity's reasonable attorneys' fees and expenses and costs that were reasonably incurred as a proximate result of Business Associate's breach however not including attorneys' fees, expenses or costs incurred in claims or actions brought by third parties affected by the breach. The remedies contained in this Section 6 shall be in addition to (and not supersede) any action for damages and/or any other remedy Covered Entity may have for breach of any part of this Agreement. Covered Entity shall indemnify and limit the Business Associate's liability against any losses incurred as a result of communicating with the Covered Entity's designated contact, or from a use or disclosure of PHI by the City of Santa Ana's employees, agents, owners, directors, or by other business associates of Covered Entity. 7. Modification. This Agreement may only be modified through a writing signed by the Parties and, thus, no oral modification hereof shall be permitted. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for Covered Entity to comply with the requirements of the HIPAA Rules. 8. Interpretation of this Contract to Other Contracts Between the Parties. Should there be any conflict between the language of this contract and any other contract entered into between the Parties (either previous or subsequent to the date of this Agreement), that pertains to duties and obligations under the HIPAA Rules, the language and provisions of this Agreement shall control and prevail. J /GOE ..........„ . Document Generated on June 16, 2020 City of Santa Ana Business Associate Agreement Client Initials: Page 12 25A-35