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3. If neither termination nor cure is feasible, Covered Entity shall report the violation to the Secretary. <br />b. Effect of Termination. <br />1. Except as provided in paragraph (2) of this subsection, upon termination of this Agreement, for any reason, Business Associate shall return or destroy all <br />Protected Health Information received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall <br />apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no <br />copies of the Protected Health Information. <br />2. In the event that Business Associate determines that destroying the Protected Health Information is infeasible, Business Associate shall provide to <br />Covered Entity notification of the conditions that make destruction infeasible. Business Associate shall extend the protections of this Agreement to such <br />Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or <br />destruction infeasible, for so long as Business Associate maintains such Protected Health Information. <br />7. Miscellaneous <br />a. Regulatory References. A reference in this Agreement to a section in the Privacy Rule or the Security Rule means the section as in effect or as amended. <br />b. Amendment. The Parties agree negotiate in good faith as is necessary to amend this Agreement from time to time as is necessary for Covered Entity to <br />comply with the requirements of the Privacy Rule and the Security Rule. If the parties are unable to agree upon the terms of an amendment within thirty (30) <br />days after Covered Entity's written request to Business Associate, either party may terminate this Agreement upon written notice to the other party. <br />c. Interpretation. Any ambiguity in this Agreement shall be resolved to permit Covered Entity to comply with the Privacy Rule and the Security Rule. <br />20070809 Short Form DPS Contract 6 of 6 <br />