By Covered Entity. Upon Covered Entity’s knowledge of a pattern of an activity or practice of Business Associate that constitutes a material breach or violation of this BAA by Business Associate with respect to PHI maintained for that Covered Entity, such Covered Entity shall provide an opportunity for Business Associate to cure the breach or end the violation. Covered Entity shall terminate this BAA and the Agreements if Business Associate does not cure the breach or end the violation within such reasonable time as is specified by Covered Entity, or immediately terminate this BAA and the Agreements if Business Associate has breached or violated a material term of this BAA and cure is not possible. However, Business Associate’s Agreement(s) and the terms of this BAA with respect to any other Covered Entity shall continue to remain in effect until otherwise terminated.
By Covered Entity. In accordance with Section 13404 of the HITECH Act, if Covered Entity knows of a pattern of activity or practice of Business Associate that constitutes a material breach or violation of Business Associate’s obligations under this Agreement, Covered Entity shall provide written notice of such breach to Business Associate and provide an opportunity for Business Associate to cure the breach or end the violation within 30 business days from the date Business Associate receives the written notice from Covered Entity. If Business Associate does not cure the breach or end the violation within the stated cure period, Covered Entity may immediately terminate this Agreement and the underlying services agreement. In addition, Covered Entity may terminate this Agreement immediately without opportunity for cure if Covered Entity and Business Associate agree that cure is not reasonably possible or if Covered Entity deems such immediate termination to be appropriate under the circumstances.
By Covered Entity. Upon Covered Entity’s knowledge of a material violation by Business Associate of this Agreement, Covered Entity may:
By Covered Entity. Upon determination by Covered Entity, in its reasonable discretion, of a material breach by Business Associate of this BAA, Covered Entity may terminate this BAA upon thirty (30) days’ notice; provided however, Covered Entity shall not terminate if Business Associate takes reasonable steps to mitigate harm resulting from the breach and otherwise agrees to comply with the terms of this BAA on a forward-looking basis within such thirty (30) day notice period.
By Covered Entity. Upon determination by Covered Entity in its reasonable discretion of a material breach by Business Associate of this Agreement, Covered Entity may terminate this Agreement upon thirty (30) days’ notice; provided however, Covered Entity shall not terminate if Business Associate takes reasonable steps to mitigate harm resulting from the breach and otherwise agrees to comply with the terms of this Agreement on a forward-looking basis within such thirty (30) day notice period.
