By Business Associate. Business Associate agrees to indemnify, hold harmless and defend SBBC, its agents, servants and employees from any and all claims, judgments, costs and expenses including, but not limited to, reasonable attorney’s fees, reasonable investigative and discovery cost, court costs and all other sums which SBBC, its agents, servants and employees must pay or become obligated to pay on account of any, all and every claim or demand, or assertion of liability, or any claim or action founded thereon, arising or alleged to have arisen out of the products, goods, or services furnished by Business Associate, its agents, servants or employees; the equipment of Business Associate, its agents, servants or employees while such equipment is on premises owned or controlled by SBBC; or the negligence of Business Associate agents when acting within the scope of their employment or agency, whether such claims, judgments, costs and expenses be for damages, damage to property including Business Associate property, and injury or death of any person whether employed by Business Associate, SBBC or otherwise.
By Business Associate. Upon Business Associate’s knowledge of a pattern of an activity or practice of Covered Entity that constitutes a material breach or violation of this BAA by such Covered Entity, Business Associate shall provide an opportunity for Covered Entity to cure the breach or end the violation. Business Associate shall terminate this BAA and the Agreements with respect to that Covered Entity if Covered Entity does not cure the breach or end the violation within such reasonable time as is specified by Business Associate, or immediately terminate this BAA and the Agreements with respect to that Covered Entity if Covered Entity 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 Business Associate. Upon BUSINESS ASSOCIATE's knowledge of a material breach by the PARTICIPANT of this BA AGREEMENT, BUSINESS ASSOCIATE may:
4.1.2.1 Provide a reasonable opportunity for the PARTICIPANT to cure the material breach or end the material violation and if the PARTICIPANT does not cure the material breach or end the material violation within a reasonable time, BUSINESS ASSOCIATE may terminate this BA AGREEMENT and the provisions of the Agreement that require or permit BUSINESS ASSOCIATE to access Protected Health Information;
4.1.2.2 If the PARTICIPANT has breached a material term of this BA AGREEMENT and cure is not possible, immediately terminate this BA AGREEMENT and the provisions of the Agreement that require or permit BUSINESS ASSOCIATE to access Protected Health Information; or
4.1.2.3 If neither termination nor cure is feasible, report the violation to the Secretary.
By Business Associate. In accordance with Section 13404 of the HITECH Act, if Business Associate knows of a pattern of activity or practice of Covered Entity that constitutes a material breach or violation of Covered Entity’s obligations under this Agreement, Business Associate shall provide written notice of such breach to Covered Entity and provide an opportunity for Covered Entity to cure the breach or end the violation within 30 business days from the date Covered Entity receives the written notice from Business Associate. If Covered Entity does not cure the breach or end the violation within the stated cure period, Business Associate may immediately terminate this Agreement and the underlying services agreement. In addition, Business Associate may terminate this Agreement immediately without opportunity for cure if Business Associate and Covered Entity agree that cure is not reasonably possible or if Business Associate deems such immediate termination to be appropriate under the circumstances.
By Business Associate. Upon Business Associate’s knowledge of a material violation by Covered Entity of this Agreement, Business Associate may:
1. immediately terminate this Agreement and the Underlying Agreement if Covered Entity has violated a material term of this Agreement and cure is not possible; or
2. terminate this Agreement and the Underlying Agreement upon thirty
By Business Associate. Upon Business Associate's knowledge of a material violation by Covered Entity of this BAA, Business Associate may:
By Business Associate. Upon determination by Business Associate, in its reasonable discretion, of a material breach by Business Entity of the Terms of Access, Business Associate may terminate this BAA upon thirty (30) days’ notice; provided however, Business Associate shall not terminate if Business Entity 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 Business Associate. Upon determination by Business Associate in its reasonable discretion of a material breach by Covered Entity of this Agreement, Business Associate may terminate this Agreement upon thirty (30) days’ notice; provided however, Business Associate shall not terminate if Covered Entity 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.
By Business Associate. Upon Business Associate's knowledge of a material breach by Covered Entity of this Exhibit, Business Associate may:
A. Provide a reasonable opportunity for Covered Entity to cure the material breach or end the material violation and if Covered Entity does not cure the material breach or end the material violation within a reasonable time, Business Associate may terminate this Exhibit and the provisions of the Agreement that require or permit Business Associate to access Protected Health Information; or
B. If Covered Entity has breached a material term of this Exhibit and cure is not possible, immediately terminate this Exhibit and the provisions of the Agreement that require or permit Business Associate to access Protected Health Information.
By Business Associate. Business Associate agrees to indemnify and hold harmless Covered Entity from and against any and all costs, expenses, claims, demands, causes of action, damages, attorneys’ fees or judgments that arise out of or that may be imposed upon, incurred by, or brought against Covered Entity in any way relating to or arising out of: (i) a breach of this Agreement by Business Associate; (ii) a violation of state or federal law, including without limitation HIPAA, the HIPAA Regulations, or the HITECH Act, by Business Associate or its employees, agents or subcontractors; or (iii) the unauthorized Use or Disclosure of PHI by Business Associate, or its employees, agents or subcontractors.
