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is supplemental to and to be interpreted and applied in a manner consistent with,any <br />indemnification provision of the agreement to which this Addendum is attached. <br />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.Regulatory References: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 without 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 Regulations,CFR,Title 45,Sections <br />160 and 164 and other provisions of law. <br />E.Notices: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 II D.,above. <br />F.Survival:The obligations of the Business Associate shall survive the tennination of this <br />Addendum. <br />G.Interpretation:Any ambiguity in this Addendum shall be resolved in favor of a meaning <br />that permits 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 />of law.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or more terms of this Addendum is superseded by the terms of this Addendum to the 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 HIPAA. <br />B.A.A.Attachment Page 5 of 5