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Article 5: Term and Termination <br />5.1 Term. The Term of this BA Agreement shall be effective as of the date signed, and shall <br />terminate when all of the Protected Health Information provided by Covered Entity to <br />Business Associate, or created or received by Business Associate on behalf of Covered <br />Entity, is destroyed or returned to Covered Entity, or, if it is infeasible to return or destroy <br />Protected Health Information, protections are extended to such information, in accordance <br />with the termination provisions in this Section. <br />5.2 Termination for Cause. upon Covered Entity's knowledge of a material breach by <br />Business Associate, Covered Entity shall either: <br />A. Provide an opportunity for Business Associate to cure the breach or end the <br />violation, and terminate this Agreement if Business Associate does not cure the <br />breach or end the violation within the time specified by Covered Entity; <br />B. Immediately terminate this Agreement if Business Associate has breached a <br />material term of this Agreement and cure is not possible; or <br />C. If neither termination nor cure is feasible, Covered Entity shall report the violation <br />to the Secretary. <br />5.3 Effect of Termination. <br />A. Except as provided in paragraph (B) of this section, upon termination of this <br />Agreement, for any reason, Business Associate shall return or destroy all Protected <br />Health Information received from Covered Entity or created or received by <br />Business Associate on behalf of Covered Entity. This provision shall apply to <br />Protected Health Information that is in the possession of subcontractors or agents <br />of Business Associate. Business Associate shall retain no copies of the Protected <br />Health Information. <br />B. In the event that Business Associate determines that returning or destroying the <br />Protected Health Information is infeasible, Business Associate shall provide to <br />Covered Entity notification of the conditions that make return or destruction <br />infeasible. Business Associate shall thereafter extend the protections of this <br />Agreement to such Protected Health Information and limit further uses and <br />disclosures of such Protected Health Information to those purposes that make the <br />return or destruction infeasible, for so long as Business Associate maintains such <br />Protected Health Information. <br />