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w v B. Except as otherwise limited in this Addendum or by lau', Br.rsiness Associate may use PHI ro provide Data Aggregation services to Covered Entity as permitted by a5 CFR g 164.504.(e)(2XiXB). TERNI AND TERMINATION A. ]-enrr: This Addendum shall become effective on the Effective Date ar.rd shall continue in effect until all obligations of the parties have been met, unless terminated as provided herein or by mutual agreement of the parties B. Termination for Ca*se: Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity may provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Addendurn if Business Associale does not cure the breach or end the violation,,vithin five (5) business days of receipt of written notice by the Covered Entity, or immediately teminate this AddendLrm if Business Associate has breached a material term of this Addendum and cure is not possible. C. Other Termination: This Addendum may be terminated by Covered Entity withar.rt cause upon thirty (30) days prior wriften notice to the other party, which notice shall specify the date of termination. D. Effect o-f Terminalipn: Except as provided in paragraph B. of this Section, upon termination of this Addendum, for any reason, Business Associate shall retunr or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHL Destruction must be by means that meet or exceed the standards of lar.v. In the event that Business Associate deterrnines that returning or destroying the PHI is not feasible, Business Associate shall extend the protections of this Addendum to such PHI and limit fiirther disclosures of such PHi to those purposes that make rehrm or destruction infeasible, for so long as Business Associate maintains such PHL Business Associate must provide written notice of the conditions that make return or destnrctiorl not feasible; if Covered Entity does not concur in that assessment, Business Associate shall return or destroy the PHI within frve (5) business days. MISCf,LLANEOU$ A. Defense and Indemnification: Business Associate shall defend, indemnify and hold harmless Covered Entity from and against all claims, liabilities, judgments, fines, assessments, penalties, awards or other expenses, of any nature whatsoever, including without limitation aftorneys' fees, expert witness fees, and costs of investigation, litigation, or dispute resolution, relating to or arising out of any breach of this Addendurn by Business Associate, its employees, officers, agents, or sub-contractors. This provision B. A. A. Attachment Page 4 of 5