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DocuSign Envelope ID: CFCE3443-EF374FD4-8DCD-D85D559F77AE 9. Compliance with State Law. Except to the extent its obligation to do so is preempted by the provisions of HIPAA, including provisions of the HITECH Act, Business Associate shall notify Covered Entity of any breach of unencrypted data owned or licensed by Covered Entity, and maintained by Business Associate, in accordance with applicable California law. 'Breach" for these specific purposes means acquisition of unencrypted data by an unauthorized person, or the reasonable belief of such acquisition, that compromises the security, confidentiality, or integrity of "personal information" pertaining to California residents, as those terms are defined in California Civil Code §§ 1798.82(g) and (h), respectively, subject however to the good faith exception to "Breach" set forth in Civil Code § 1798.82(g). If the HIPAA Rules and the California Civil Code provisions cited herein conflict regarding the degree of protection provided for Protected Health Information, Business Associate shall comply with the more restrictive protection requirement. 10. Miscellaneous. i) Ambiguity. Any ambiguity in this Agreement shall be resolved to permit the Parties to comply with the HIPAA Rules. ii) Regulatory References. A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended. iii) Notice to Covered Entity/Business Associate. All Notices required hereunder shall be in writing and provided by electronic mail, and will be considered received as of the date of the electronic transmission. Notices to the Covered Entity shall be sent to the daily contact on file with the Business Associate. Notices to the Business Associate shall be sent to the daily contact on file with the Covered Entity. Both Parties agree that they are responsible for ensuring that such Notices are forwarded to the appropriate internal personnel for handling. If additional information is needed to take action related to a Notice, a request must be made in writing outlining all specific requirements and instructions and provided by electronic mail. iv) Governing Law. Interpretation and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the state of California to the extent they are not preempted by the HIPAA Rules or other applicable federal law. v) Severability. The invalidity or unenforceability of any provision 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. vi) No Third Party Beneficiary. Nothing expressed or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and the /GaE Document Generated on June 16, 2020 City of Santa Ana Business Associate Agreement Client Initials: Page 13 25A-36