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s.1 <br />5.2 <br />5.3 <br />5.4 <br />Contract # KittCoShEriff-HSA2O2O-004 <br />Term. The Term of this BA Agreement shall be effective as of the date signed, and shall <br />terminate when all of the Protected Health lnformation provided by Covered Entlty to Buslnes <br />Associate, or created or received by Business Assoclate on behalfofCovered Entlty, is destroyed <br />or returned to Covered Entity, or, if it is infeasible to return or destroy protected Health <br />lnformation, protections are extended to such information, in accordance with the termination <br />provisions in this Section. <br />Termination for cause. Upon Covered Entity's knowledge of a material breach by Business <br />Associate, Covered Entity shall either: <br />A. Provide an opportunlty for Business Assoclate to cure the breach or end the violation, <br />and terminate this Agreement if Buslness Associate does not cure the breach or end the <br />violation within the time specified by Covered Entity; <br />B' lmmediately terminate this Agreement if Business Associate has breached a material <br />term of this Agreement and cure is not possible; or <br />C' lf neither termination nor cure is feasible, Covered Entity shall report the violation to the <br />Secretary. <br />Effect of Termination. <br />A. Except as provided in paragraph (B) of this section, upon termination of this Agreement, <br />for any reason, Business Associate shall return or destroy all protected Health <br />lnformation received from Covered Entity, or created or received by Business Associate <br />on behalf of Covered Entity. This provision shall apply to protected Heatth lnformation <br />that is in the possession of subcontractors or agents of Business Assoclate. Business <br />Associate shall retaln no copies of the protected Health lnformation. <br />B. ln the event that Business Associate determines that returning or destroying the <br />Protected Health lnformation is infeaslble, Business Associate shall provide to Covered <br />Entity notification of the conditions that make return or destruction infeasible. gusiness <br />Assoclate shall thereafter extend the protections of this Agreement to such protected <br />Health lnformation and limit further uses and disclosures of such protected Health <br />lnformation to those purposes that make the return or destruction infeasible, for so long <br />as Eusiness Assoclate maintains such protected Health lnformation. <br />Suwiual. The respective rights and obligations of Business Associate under this Article 5 shall <br />survive the termination of this BA Agreement. <br />Article 6: Mlscellaneous <br />Page 11