Common use of BUSINESS ASSOCIATE TERMINATION Clause in Contracts

BUSINESS ASSOCIATE TERMINATION. 1. Notwithstanding the Termination provisions set forth in this MOU, the MOU shall only terminate when all of the PHI provided by COUNTY to CFCOC, or created or received by CFCOC on behalf of COUNTY, is destroyed or returned to COUNTY, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this Subparagraph. 2. In addition to the rights and remedies provided in the Termination paragraph of this Agreement, upon COUNTY’s knowledge of a material breach by CFCOC of the requirements of this Paragraph, COUNTY shall either: a. Provide an opportunity for CFCOC to cure the material breach or end the violation and terminate this MOU if CFCOC does not cure the material breach or end the violation within thirty (30) business days; or b. Immediately terminate this MOU if CFCOC has breached a material term of this MOU and cure is not possible; or c. If neither termination nor cure is feasible, COUNTY shall report the violation to the Secretary of the Department of Health and Human Services. 3. Upon termination of this Agreement, all PHI provided by COUNTY to CFCOC, or created or received by CFCOC on behalf of COUNTY, shall either be destroyed or returned to COUNTY as provided in the Termination paragraph of this Agreement, and in conformity with the Privacy Rule. a. This provision shall apply to PHI that is in the possession of subCFCOCs or agents of CFCOC. b. CFCOC shall retain no copies of the PHI. c. In the event that CFCOC determines that returning or destroying the PHI is infeasible, CFCOC shall provide to COUNTY notification of the conditions that make return or destruction infeasible. Upon determination by COUNTY that return or destruction of PHI is infeasible, CFCOC shall extend the protections of this MOU to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as CFCOC maintains such PHI.

BUSINESS ASSOCIATE TERMINATION. 1. Notwithstanding the Termination provisions set forth in this MOUAgreement, the MOU Agreement shall only terminate when all of the PHI provided by COUNTY County to CFCOCContractor, or created or received by CFCOC Contractor on behalf of COUNTYCounty, is destroyed or returned to COUNTYCounty, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this SubparagraphSection. 2. In addition to the rights and remedies provided in the Termination paragraph of this Agreement, upon COUNTYCounty’s knowledge of a material breach by CFCOC Contractor of the requirements of this Paragraph, COUNTY County shall either: a. a) Provide an opportunity for CFCOC Contractor to cure the material breach or end the violation and terminate this MOU Agreement if CFCOC Contractor does not cure the material breach or end the violation within thirty (30) business days; or b. b) Immediately terminate this MOU Agreement if CFCOC Contractor has breached a material term of this MOU Agreement and cure is not possible; or c. If or if neither termination nor cure is feasible, COUNTY County shall report the violation to the Secretary of the Department of Health and Human Services. 3. Upon termination of this Agreement, all PHI provided by COUNTY County to CFCOCContractor, or created or received by CFCOC Contractor on behalf of COUNTYCounty, shall either be destroyed or returned to COUNTY County as provided in the Termination paragraph of this Agreement, and in conformity with the Privacy Rule. a. a) This provision shall apply to PHI that is in the possession of subCFCOCs subcontractors or agents of CFCOCContractor. b. CFCOC b) Contractor shall retain no copies of the PHI. c. c) In the event that CFCOC Contractor determines that returning or destroying the PHI is infeasible, CFCOC Contractor shall provide to COUNTY County notification of the conditions that make return or destruction infeasible. Upon determination by COUNTY County that return or destruction of PHI is infeasible, CFCOC Contractor shall extend the protections of this MOU Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as CFCOC Contractor maintains such PHI. 1. Contractor has permanently remove all stored data from the hard drives and Cache memory from Copier prior to: 1) transfer or sale of returned Copier from County, 2) trade-in on replacement equipment; 3) scrapping; 4) donation; and/or 5) destruction. 2. The procedures associated with permanently removing all stored data from the hard drives and Cache memory that resides within Copiers is in compliance with NIST SP 800-88 and Department of Defense (DoD) 5220.22-compliant sanitation programs.

BUSINESS ASSOCIATE TERMINATION. 1. Notwithstanding the Termination provisions set forth in this MOU, the MOU shall only terminate when all of the PHI provided by COUNTY to CFCOCCOMMISSION, or created or received by CFCOC COMMISSION on behalf of COUNTY, is destroyed or returned to COUNTY, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this Subparagraph. 2. In addition to the rights and remedies provided in the Termination paragraph of this Agreementin, Article VII, Termination, upon COUNTY’s knowledge of a material breach by CFCOC COMMISSION of the requirements of this Paragraph, COUNTY shall either: a. Provide an opportunity for CFCOC COMMISSION to cure the material breach or end the violation and terminate this MOU if CFCOC COMMISSION does not cure the material breach or end the violation within thirty (30) business days; or b. Immediately terminate this MOU if CFCOC COMMISSION has breached a material term of this MOU and cure is not possible; or c. If neither termination nor cure is feasible, COUNTY shall report the violation to the Secretary of the Department of Health and Human Services. 3. Upon termination of this AgreementMOU, all PHI provided by COUNTY to CFCOCCOMMISSION, or created or received by CFCOC COMMISSION on behalf of COUNTY, shall either be destroyed or returned to COUNTY as provided in the Termination paragraph of this AgreementArticle VII, Termination, and in conformity with the Privacy Rule. a. This provision shall apply to PHI that is in the possession of subCFCOCs subcontractors or agents of CFCOCCOMMISSION. b. CFCOC COMMISSION shall retain no copies of the PHI. c. In the event that CFCOC COMMISSION determines that returning or destroying the PHI is infeasible, CFCOC COMMISSION shall provide to COUNTY notification of the conditions that make return or destruction infeasible. Upon determination by COUNTY that return or destruction of PHI is infeasible, CFCOC COMMISSION shall extend the protections of this MOU to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as CFCOC COMMISSION maintains such PHI.

BUSINESS ASSOCIATE TERMINATION. 1. Notwithstanding the Termination provisions set forth in this MOUAgreement, the MOU Agreement shall only terminate when all of the PHI provided by COUNTY to CFCOCCONTRACTOR, or created or received by CFCOC CONTRACTOR on behalf of COUNTY, is destroyed or returned to COUNTY, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this SubparagraphSection. 2. In addition to the rights and remedies provided in the Termination paragraph of this Agreement, upon COUNTY’s ’S knowledge of a material breach by CFCOC CONTRACTOR of the requirements of this Paragraph, COUNTY shall either: a. Provide an opportunity for CFCOC CONTRACTOR to cure the material breach or end the violation and terminate this MOU Agreement if CFCOC CONTRACTOR does not cure the material breach or end the violation within thirty (30) business days; or b. Immediately terminate this MOU Agreement if CFCOC CONTRACTOR has breached a material term of this MOU Agreement and cure is not possible; or c. If neither termination nor cure is feasible, COUNTY shall report the violation to the Secretary of the Department of Health and Human Services. 3. Upon termination of this Agreement, all PHI provided by COUNTY to CFCOCCONTRACTOR, or created or received by CFCOC CONTRACTOR on behalf of COUNTY, shall either be destroyed or returned to COUNTY as provided in the Termination paragraph of this Agreement, and in conformity with the Privacy Rule. a. This provision shall apply to PHI that is in the possession of subCFCOCs subcontractors or agents of CFCOCCONTRACTOR. b. CFCOC CONTRACTOR shall retain no copies of the PHI. c. In the event that CFCOC CONTRACTOR determines that returning or destroying the PHI is infeasible, CFCOC CONTRACTOR shall provide to COUNTY notification of the conditions that make return or destruction infeasible. Upon determination by COUNTY that return or destruction of PHI is infeasible, CFCOC CONTRACTOR shall extend the protections of this MOU Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as CFCOC CONTRACTOR maintains such PHI.

BUSINESS ASSOCIATE TERMINATION. 1. Notwithstanding the Termination provisions set forth in this MOU, the MOU shall only terminate when all of the PHI provided by COUNTY to CFCOC, or created or received by CFCOC on behalf of COUNTY, is destroyed or returned to COUNTY, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this Subparagraph. 2. In addition to the rights and remedies provided in the Termination paragraph of this AgreementMOU, upon COUNTY’s knowledge of a material breach by CFCOC of the requirements of this Paragraph, COUNTY shall either: a. Provide an opportunity for CFCOC to cure the material breach or end the violation and terminate this MOU if CFCOC does not cure the material breach or end the violation within thirty (30) business days; or b. Immediately terminate this MOU if CFCOC has breached a material term of this MOU and cure is not possible; or c. If neither termination nor cure is feasible, COUNTY shall report the violation to the Secretary of the Department of Health and Human Services. 3. Upon termination of this AgreementMOU, all PHI provided by COUNTY to CFCOC, or created or received by CFCOC on behalf of COUNTY, shall either be destroyed or returned to COUNTY as provided in the Termination paragraph of this AgreementMOU, and in conformity with the Privacy Rule. a. This provision shall apply to PHI that is in the possession of subCFCOCs subcontractors or agents of CFCOC. b. CFCOC shall retain no copies of the PHI. c. In the event that CFCOC determines that returning or destroying the PHI is infeasible, CFCOC shall provide to COUNTY notification of the conditions that make return or destruction infeasible. Upon determination by COUNTY that return or destruction of PHI is infeasible, CFCOC shall extend the protections of this MOU to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as CFCOC maintains such PHI.

BUSINESS ASSOCIATE TERMINATION. 5 1. Notwithstanding the Termination provisions set forth in this MOUAgreement, the MOU Agreement 6 shall only terminate when all of the PHI provided by COUNTY to CFCOCINTERMEDIARY, or created or 7 received by CFCOC INTERMEDIARY on behalf of COUNTY, is destroyed or returned to COUNTY, or if 8 infeasible to return or destroy PHI, protections are extended to such information, in accordance with the 9 termination provisions of this Subparagraph. 10 2. In addition to the rights and remedies provided in the Termination paragraph of this 11 Agreement, upon COUNTY’s knowledge of a material breach by CFCOC INTERMEDIARY of the 12 requirements of this Paragraph, COUNTY shall either: 13 a. Provide an opportunity for CFCOC INTERMEDIARY to cure the material breach or end the violation 14 and terminate this MOU Agreement if CFCOC INTERMEDIARY does not cure the material breach or end the violation within 15 thirty (30) business calendar days; or 16 b. Immediately terminate this MOU Agreement if CFCOC INTERMEDIARY has breached a material 17 term of this MOU Paragraph and cure is not possible; or 18 c. If neither termination nor cure is feasible, COUNTY shall report the violation to the 19 Secretary of the Department of Health and Human Services. 20 3. Upon termination of this Agreement, all PHI provided by COUNTY to CFCOCINTERMEDIARY, 21 or created or received by CFCOC INTERMEDIARY on behalf of COUNTY, shall either be destroyed or 22 returned to COUNTY as provided in the Termination paragraph of this Agreement, and in conformity 23 with the Privacy Rule. 24 a. This provision shall apply to PHI that is in the possession of subCFCOCs subcontractors or agents of CFCOC25 INTERMEDIARY. 26 b. CFCOC INTERMEDIARY shall retain no copies of the PHI. 27 c. In the event that CFCOC INTERMEDIARY determines that returning or destroying the PHI is 28 infeasible, CFCOC INTERMEDIARY shall provide to COUNTY notification of the conditions that make return 29 or destruction infeasible. Upon determination by COUNTY that return or destruction of PHI is 30 infeasible, CFCOC INTERMEDIARY shall extend the protections of this MOU Agreement to such PHI and limit 31 further uses and disclosures of such PHI to those purposes that make the return or destruction 32 infeasible, for so long as CFCOC INTERMEDIARY maintains such PHI.. 33 // 34 // 35 //

BUSINESS ASSOCIATE TERMINATION. 24 1. Notwithstanding the Termination provisions set forth in this MOU, the MOU shall only terminate when all of the PHI provided by COUNTY to CFCOC, or created or received by CFCOC on behalf of COUNTY, is destroyed or returned to COUNTY, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this Subparagraph. 2. In addition to the rights and remedies provided in the Termination paragraph Paragraph of this 25 Agreement, upon COUNTY’s knowledge of a material breach by CFCOC INTERMEDIARY of the 26 requirements of this Paragraph, COUNTY shall either: 27 a. Provide an opportunity for CFCOC INTERMEDIARY to cure the material breach or end the 28 violation and terminate this MOU Agreement if CFCOC INTERMEDIARY does not cure the material breach or end 29 the violation within thirty (30) business days; or 30 b. Immediately terminate this MOU Agreement if CFCOC INTERMEDIARY has breached a material 31 term of this MOU Agreement and cure is not possible; or 32 c. If neither termination nor cure is feasible, COUNTY shall report the violation to the 33 Secretary of the Department of Health and Human Services. 334 2. Upon termination of this Agreement, all PHI provided by COUNTY to CFCOCINTERMEDIARY, 35 or created or received by CFCOC INTERMEDIARY on behalf of COUNTY, shall either be destroyed or 36 returned to COUNTY as provided in the Termination paragraph Paragraph of this Agreement, and in conformity 37 with the Privacy Rule. 1 a. This provision shall apply to PHI that is in the possession of subCFCOCs subINTERMEDIARYs or 2 agents of CFCOCINTERMEDIARY. 3 b. CFCOC INTERMEDIARY shall retain no copies of the PHI. 4 c. In the event that CFCOC INTERMEDIARY determines that returning or destroying the PHI is 5 infeasible, CFCOC INTERMEDIARY shall provide to COUNTY notification of the conditions that make return 6 or destruction infeasible. Upon joint determination by COUNTY and INTERMEDIARY that return or 7 destruction of PHI is infeasible, CFCOC INTERMEDIARY shall extend the protections of this MOU Agreement to 8 such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or 9 destruction infeasible, for so long as CFCOC INTERMEDIARY maintains such PHI.PHI.V. Compliance

BUSINESS ASSOCIATE TERMINATION. 1. Notwithstanding the Termination provisions set forth in this MOU, the MOU shall only terminate when all of the PHI provided by COUNTY to CFCOC, or created or received by CFCOC on behalf of COUNTY, is destroyed or returned to COUNTY, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this Subparagraph. 2. In addition to the rights and remedies provided in the Termination paragraph of this Agreement, upon COUNTY’s knowledge of a material breach by CFCOC of the requirements of this Paragraph, COUNTY shall either: a. Provide an opportunity for CFCOC to cure the material breach or end the violation and terminate this MOU if CFCOC does not cure the material breach or end the violation within thirty (30) business days; or b. Immediately terminate this MOU if CFCOC has breached a material term of this MOU and cure is not possible; or c. If neither termination nor cure is feasible, COUNTY shall report the violation to the Secretary of the Department of Health and Human Services. 3. Upon termination of this Agreement, all PHI provided by COUNTY to CFCOC, or created or received by CFCOC on behalf of COUNTY, shall either be destroyed or returned to COUNTY as provided in the Termination paragraph of this Agreement, and in conformity with the Privacy Rule. a. This provision shall apply to PHI that is in the possession of subCFCOCs subCFCOCsCFCOC or agents of CFCOC. b. CFCOC shall retain no copies of the PHI. c. In the event that CFCOC determines that returning or destroying the PHI is infeasible, CFCOC shall provide to COUNTY notification of the conditions that make return or destruction infeasible. Upon determination by COUNTY that return or destruction of PHI is infeasible, CFCOC shall extend the protections of this MOU to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as CFCOC maintains such PHI.