Common use of Breach Pattern or Practice by Business Associate Clause in Contracts

Breach Pattern or Practice by Business Associate. If the CE knows of a pattern of activity or practice of the BA that constitutes a material breach or violation of the BAs obligations under the Contract or this Exhibit “M” or other arrangement, the BA must take reasonable steps to cure the breach or end the violation. If the steps are unsuccessful, the CE must terminate the Contract or other arrangement if feasible, or if termination is not feasible, report the problem to the DHHS Secretary. CE shall provide written notice to BA of any pattern of activity or practice of the BA that CE believes constitutes a material breach or violation of the BA’s obligations under the Contract or this Exhibit “M” or other arrangement within five (5) business days of discovery and shall meet with BA to discuss and attempt to resolve the problem as one of the reasonable steps to cure the breach or end the violation. CE shall provide notice to BA as set forth in paragraph 6.