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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 />5.4 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