Common use of Convention on Contracts for the International Sale of Goods Clause in Contracts

Convention on Contracts for the International Sale of Goods. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Purchase Order. Attachment F: Terms Applicable to Suppliers with Access to Patient Information (Business Associate Agreement)[NOTE: Supplier may be requested by MFA to sign a separate Business Associate Agreement in lieu of this Attachment F]If the Purchase Order is issued for goods or services that require Supplier to access certain patient information of the MFA, Supplier agrees it will comply with the terms and conditions of this Business Associate Agreement set forth in this Attachment F. Any conflicts or inconsistencies between the terms and conditions of this Attachment F and the remainder of this Purchase Order, shall be read and resolved in favor of this Attachment F. Supplier, as the “Business Associate” and MFA, as “Covered Entity” memorialize their obligations with respect to the “Standards for Privacy of Individually Identifiable Health Information” (“Privacy Rule”), the security regulations (“Security Rule”), and the Breach Notification Rule promulgated pursuant to the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1171, et seq. (“HIPAA”), as well as any obligations arising from changes made to HIPAA or the Security Rule and Privacy Rule pursuant to the American Recovery and Reinvestment Act of 2009 (“ARRA”) and its implementing regulations. Because Covered Entity may disclose certain information to Business Associate under this Purchase Order, some of which may constitute Protected Health Information (“PHI”) and/or Electronic Protected Health Information (“ePHI”), Business Associate and Covered Entity will comply with the requirements of the Privacy and Security Rules, including, but not limited to, the Business Associate Agreement requirements at 45 C.F.R. §§ 164.314(a) and 164.504(e), and as recently amended by HITECH/ARRA which extends direct application of certain Privacy and Security Rule standards to Business Associates.