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5.2 Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, <br />Covered Entity shall either: <br />A. Provide an opportunity for Business Associate to cure the breach or end the violation, and <br />terminate this Agreement if Business Associate does not cure the breach or end the violation <br />within the time specified by Covered Entity; <br />B. Immediately terminate this Agreement if Business Associate has breached a material term of <br />this Agreement and cure is not possible; or <br />C. If neither termination nor cure is feasible, Covered Entity shall report the violation to the <br />Secretary, <br />5.3 Effect of Termination. <br />A. Except as provided in paragraph (B) of this section, upon termination of this Agreement, for <br />any reason, Business Associate shall return or destroy all Protected Health Information <br />received from Covered Entity or created or received by Business Associate on behalf of <br />Covered Entity. This provision shall apply to Protected Health Information that is in the <br />possession of subcontractors or agents of Business Associate. Business Associate shall retain <br />no copies of the Protected Health Information. <br />B. In the event that Business Associate determines that returning or destroying the Protected <br />Health Information is infeasible, Business Associate shall provide to Covered Entity notification <br />of the conditions that make return or destruction infeasible. Business Associate shall <br />thereafter extend the protections of this Agreement to such Protected Health Information and <br />limit further uses and disclosures of such Protected Health Information to those purposes that <br />make the return or destruction infeasible, for so long as Business Associate maintains such <br />Protected Health Information. <br />SA Survival. The respective rights and obligations of Business Associate under this Article 5 shall survive <br />the termination of this BA Agreement. <br />Article 6: Miscellaneous <br />6.1 Regulatory References. A reference in this Agreement to a section in the Privacy Rule means the <br />section as in effect or as amended, <br />Page 7 of 8 <br />B.B.A Attachment <br />