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forth in this Agreement and CONSULTANT shall refer any decisions that must be made by CITY to the Contract Officer. The Contract Officer shall have authority to enter into Change Orders with CONSULTANT pursuant to this Agreement. The Contract Officer shall have authority to sign all documents on behalf of CITY required hereunder to carry out the terms of this Agreement. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the Contract Officer. City of Santa Ana Kristine Ridge, City Manager Contract Officer or designee 3-23. Invalidity: If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 3-24. Waiver: No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 3-26. Implementation: Implementation of services should begin as soon as possible from the "Effective Date" for the performance of services under the terms of this Agreement, which said "Effective Date" shall be the date and year first above written. 3-26. HIPAA Compliance: CITY acknowledges that this engagement may involve the review of individual patient information. For purposes of the federal HIPAA compliance regulations (45 C.F.R. Sections 160 and 164), CONSULTANT is acting as a Business Associate (BA). Under these regulations CITY, as Provider is a Covered Entity (CE). Individual patient information is considered protected health information (PHI) for HIPAA compliance purposes. As a BA, CONSULTANT agrees to the following obligations and activities: (a) CONSULTANT agrees to not use or disclose PHI other than as permitted or required by this Agreement or as required by law. (b) CONSULTANT agrees to use appropriate safeguards to prevent the use or disclosure of PHI other than provided by this Agreement, or as required bylaw. (c) CONSULTANT agrees to mitigate, to the extent practicable, any harmful effect of any use of disclosure that is known to us in violation to the terms of this Agreement. (d) CONSULTANT agrees to report to CE any use or disclosure of the PHI not provided for by this Agreement of which we become aware. (e) CONSULTANT agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received from, or created or received by CONSULTANT on behalf of CE, agrees to the same restrictions and conditions that apply through this Agreement with respect to such information. (f) CONSULTANT agrees to provide access, at the request of CE, and in the time and manner Agreed upon, to PHI in a Designated Record Set, to CE or, as directed by CE, to an Individual in order to meet the requirements under 45 C.F.R. 164.524. (g) CONSULTANT agrees to make any amendment to PHI in a Designated Record Set that the CE directs or agrees to pursuant to 45 C.F.R. 164.526 at the request of CE or an Individual, and in the time and manner agreed to. (h) CONSULTANT agrees to make