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vi) Make its policies and procedures, and documentation required by this subpart slating to such safeguards, available to the Secretary for purposes of determining the Covered Entity's compliance with 45 CFR Parts, 162 and 164 and; vin) Authorize termination of the contract by the Covered Entity if the Covered Entity determines that the Business Associate has violated a material term of the contract. �'�t�r,fa�d "T,crnains =tti (a) 'The Term of this Agreement shall be effective as of the effective date herein and shall terminate when all of the PF II provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, if it is infeasible to rearm or destroy PHI, protections are extended to such information, in accordance with the tenrti.nation provisions in this Section or on the date Covered Entity terminates for cause as authorized its paragraph (b) of this Section., whichever is sooner. (b) Upon Covered Entity s knowledge of a material Breach by Business Associate, Covered Entity shall provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Agreement. If the Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; Covered Entity shall have the right to immediately terminate this Agreement. Stich termination shall not abrogate any rights which Covered Entity has against Business Associate forviotation of this Agreement. (c) Upon termination of this Agreement for any reason, Business Associate, with respect to PPiC received from Covered Entity, or created, maintained, orreceived by Business Associate on behalf of Covered Entity, shall: 1) Retain onlythat PFII which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; ii) Return to Covered Entity (or, if agreed to by Covered Entity, destroy) the remaining PHI that the Business Associate still maintains in anyform; iii) Continue to use appropriate safeguards and comply with the H1PAA Rules regarding the use and disclosure of the PHI, for as long as Business Associate retains the PHI; iv) Not use ordisclose the PHI retained byBusiness Associate other than forthe purposes for which such PI-II was retained and subject to the same conditions which applied prior to termination; and v) Return to Covered Entity (or, if agreed to byCovered Entity, destroy) the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and adir inistration or to carryout its legal responsibilities, Miscellaneous (a) A reference in this .Agreement to a section in the Privacy Rude means the section as in effect or as amended, and for which compliance is required. Keennn & AssociaLLe%— Lieensc P095127 t Boshiess Associate COMI -act (Scats <n hy) (Rev. 07/29/( }) Page 6 of 8 h pies 25D -20