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is sLrpplemental to and to be interpreted and applied in a manner consistent r.vith, any <br />indemnification provision of the agreement to which this Addenclum is attached. <br />B' Reimbursement for Costs Incurred Due to Breach: Business Associate shall reimbr-rrse <br />Covered Entity, without limitation, for all costs of investigation, dispute resolution, <br />notification of individuals. the media, and the government, and expenses incr-ured in <br />responding to any ar,rdits or other investigation relating to or arising out of a breach of <br />unsecured PHI by the Br"rsiness Associate, including mitigation. <br />C' Requlatory References: A reference in this Addenclum to a Section in the Deparlment of <br />Health and Hr-rman Services Privacy Regulations. CFR. Titie 45, Sections 160 and 164 <br />means the Section as in effect or as amendecl, and for 1,,'hich compliance is requirecl. <br />D. Arnendment: Changes in the law are automatically incorporatecl herein r,vithoLrt need fbr <br />explicit amendment. The Parties agree this this Acldenclum may be amended from time to <br />time if otherlvise necessary for Covered Entity to comply with the requirements of the <br />Department of Health and I-luman Services Privacy Regulations, CFR, Titie 45, Sections <br />160 and 164 and other provisions of lar.v. <br />E. Notices: Whenever Covered Entity or Business Associate is reqLrired to give notice to the <br />other party, notice shall be in r.vriting. posted in the US Mail. and deemecl clelivered after <br />three (3) business days except as described in II. D., above. <br />F. SLrrvival: The obligatious of the BLrsiness Associate shall sr.rrvive the termi'atior-r of this <br />Addendum. <br />G' Interpretation: Any ambigLrity in this Aclclench-un shall be resolved in favor of a r1ea'ing <br />that permits Covered Entity to compiy r,vith the Department of Health and Fluman <br />Services Privacy Regr,rlations. CFR. Title 45, Sections 160 and 164 ancl other provisio's <br />of law. An1'provision of the Unclerlying Agreement that is clirectly contradictory to one <br />or more terms of this Addendum is supersecled by the terms of this AclclenclLrm to the <br />extent necessary lor the parties' compliance with HIpAA. <br />B. A. A. Attachment Page 5 of 5