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B. Reimbursement for Costs Incurred Due to Breach: Business Associate shall reimburse <br />Covered Entity, without limitation, for all costs of investigation, dispute resolution, <br />notification of individuals, the media, and the government, and expenses incurred in <br />responding to any audits or other investigation relating to or arising out of a breach of <br />unsecured PHI by the Business Associate, including mitigation. <br />C. Regulat ry Re£ ·enc : A reference in this Addendum to a Section in the Department of <br />Health and Human Services Privacy Regulations, CFR, Title 45, Sections 160 and 164 <br />means the Section as in effect or as amended, and for which compliance is required. <br />D. Amendment: Changes in the law are automatically incorporated herein \Vithout need for <br />explicit amendment. The Parties agree this this Addendum may be amended from time to <br />time if otherwise necessary for Covered Entity to comply with the requirements of the <br />Department of Health and Human Services Privacy Re,gulations, CFR, Title 45, Sections <br />160 and 164 and other provisions of law. <br />E. Noti es: Whenever Covered Entity or Business Associate is required to give notice to the <br />other party, notice shall be in writing, posted in the US Mail, and deemed delivered after <br />three (3) business days except as described in IL D., above. <br />F. Survival: The obligations of the Business Associate shall survive the termination ofthis <br />Addendum. <br />G. Interpretation: Any ambiguity in this Addendum shall be resolved in favor of a meaning <br />that pennits Covered Entity to comply with the Department of Health and Human <br />Services Privacy Regulations, CFR, Title 45, Sections 160 and 164 and other provisions <br />oflaw. Any provision of the Underlying Agreement that is directly contradictory to one <br />or more terms of this Addendum is superseded by the terms of this Addendum to the <br />extent necessary for the parties' compliance with HIP AA. <br />B. A. A Page 5 of6