Common use of Data Use Agreement Obligations Clause in Contracts

Data Use Agreement Obligations. With respect to the Limited Data Sets that AACVPR may create, Use and Disclose for Research purposes pursuant to Sections 7.3(d) herein, AACVPR agrees that it: (a) Will Use the Limited Data Set only for such Research purposes and will Disclose the Limited Data Set only to participants in the Registry and other researchers for Research in the area of health care in accordance with the provisions of 45 CFR 164.512(i); (b) Will not Use or further Disclose the Limited Data Set in a manner that would violate the HIPAA Regulations if done by Participant; (c) Will not Use or Disclose the Limited Data Set other than as permitted by this Agreement or as otherwise Required By Law; (d) Will use reasonable and appropriate safeguards to prevent Use or Disclosure of the Limited Data Set other than as provided for by this Agreement, including Administrative, Physical, and Technical Safeguards that reasonably and appropriately protect the Confidentiality, Integrity, and Availability of the electronic Limited Data Set that it creates, receives, maintains, or transmits on behalf of Participant as required by 45 CFR 164.314; (e) Will promptly report to Participant any Use or Disclosure of the Limited Data Set not provided for by this Agreement of which it becomes aware and any Security Incident involving the Limited Data Set of which it becomes aware; (f) Will ensure that any Registry participants or other researchers, and any Subcontractors to whom it provides the Limited Data Set, contractually agree to the same restrictions and conditions that apply to AACVPR with respect to such information; and (g) Will not use the Limited Data Set to identify or contact the Individuals who are the subject of the information. Nothing in this subsection will be interpreted to limit AACVPR’s ability to provide its Data Aggregation and analysis services as otherwise provided by this Agreement.

Data Use Agreement Obligations. With respect to the Limited Data Sets that AACVPR ACS may create, Use and Disclose for Research purposes pursuant to Sections 7.3(dSection 3(d) herein, AACVPR ACS agrees that it: (a) a. Will Use the Limited Data Set only for such Research purposes and will Disclose the Limited Data Set only to participants in the Registry same ACS Program and other researchers for Research in the area of health care in accordance with the provisions of 45 CFR 164.512(i); (b) b. Will not Use or further Disclose the Limited Data Set in a manner that would violate the HIPAA Regulations if done by ParticipantCovered Entity; (c) c. Will not Use or Disclose the Limited Data Set other than as permitted by this Agreement or as otherwise Required By Law; (d) d. Will use reasonable and appropriate safeguards to prevent Use or Disclosure of the Limited Data Set other than as provided for by this Agreement, including Administrative, Physical, and Technical Safeguards that reasonably and appropriately protect the Confidentiality, Integrity, and Availability of the electronic Limited Data Set that it creates, receives, maintains, or transmits on behalf of Participant Covered Entity as required by 45 CFR 164.314; (e) e. Will promptly report to Participant Covered Entity any Use or Disclosure of the Limited Data Set not provided for by this Agreement of which it becomes aware and any Security Incident involving the Limited Data Set of which it becomes aware; (f) f. Will ensure that any Registry ACS Program participants or other researchers, and any Subcontractors to whom it provides the Limited Data Set, contractually agree to the same restrictions and conditions that apply to AACVPR ACS with respect to such information; and (g) g. Will not use the Limited Data Set to identify or contact the Individuals who are the subject of the information. Nothing in this subsection will be interpreted to limit AACVPRACS’s ability to provide its Data Aggregation and analysis services as otherwise provided by this Agreement.

Data Use Agreement Obligations. With respect to the Limited Data Sets that AACVPR AUGS may create, Use and Disclose for Research purposes pursuant to Sections 7.3(dSection 3(d) herein, AACVPR AUGS agrees that it: (a) Will Use the Limited Data Set only for such Research purposes and will Disclose the Limited Data Set Sets only to participants in the Registry and other researchers for Research in the area of health care in accordance with the provisions of 45 CFR 164.512(i)Research, Public Health or Health Care Operations; (b) Will not Use or further Disclose the Limited Data Set Sets in a manner that would violate the HIPAA Regulations if done by Participant; (c) Will not Use or Disclose the Limited Data Set Sets other than as permitted by this Agreement BAA or as otherwise Required By Law; (d) Will use reasonable and appropriate safeguards to prevent Use or Disclosure of the Limited Data Set Sets other than as provided for by this AgreementBAA, including Administrative, Physical, and Technical Safeguards that reasonably and appropriately protect the Confidentiality, Integrity, and Availability of the electronic Limited Data Set Sets that it creates, receives, maintains, or transmits on behalf of Participant as required by 45 CFR 164.314; (e) Will promptly report to Participant any Use or Disclosure of the Limited Data Set Sets not provided for by this Agreement BAA of which it becomes aware and any Security Incident involving the Limited Data Set Sets of which it becomes aware; (f) Will ensure that any Registry participants or other researchers, researchers and any Subcontractors to whom it provides the Limited Data Set, contractually agree to the same restrictions and conditions that apply to AACVPR AUGS with respect to such information; and (g) Will not use the Limited Data Set Sets to identify or contact the Individuals who are the subject of the information. Nothing in this subsection will be interpreted to limit AACVPR’s AUGS’ ability to provide its Data Aggregation and analysis services as otherwise provided by this AgreementBAA.

Data Use Agreement Obligations. With The obligations set out in this Subsection 3.2 apply only with respect to the AQI’s Use or Disclosure of Limited Data Sets that AACVPR may create, Use and Disclose for Research purposes pursuant to Sections 7.3(d) herein, AACVPR agrees that it:Set Information. (a) Will Use the Limited Data Set only for such Research purposes and will Disclose the Limited Data Set only AQI agrees to participants in the Registry and other researchers for Research in the area of health care in accordance with the provisions of 45 CFR 164.512(i); (b) Will not Use or further Disclose the Limited Data Set in a manner that would violate the HIPAA Regulations if done by Participant; (c) Will not Use or Disclose the Limited Data Set Information other than as permitted by Section 4(c) of this Agreement Agreement, or as otherwise Required By Law;. (db) Will AQI agrees to use reasonable and appropriate safeguards to prevent Use or Disclosure of the Limited Data Set Information other than as provided for permitted by Section 4(c) of this Agreement. Without limiting the generality of the foregoing, including AQI further agrees to: (i) implement Administrative, Physical, and Technical Safeguards that reasonably and appropriately protect the Confidentiality, Integrity, and Availability of the electronic Limited Data Set Information that it creates, receives, maintains, or transmits on behalf of Participant as required by 45 CFR 164.314164.314(a); (eii) Will promptly ensure that any Subcontractor, to whom it provides such Limited Data Set Information agrees to implement reasonable and appropriate safeguards to protect such information; (iii) report within 5 business days to the Participant any Security Incident or Breach of Unsecured PHI of which AQI becomes aware. (c) AQI will report within 5 business days to Participant any Use or Disclosure of the Limited Data Set Information not provided for permitted by Section 4(c) of this Agreement of which it AQI becomes aware and any Security Incident involving aware. (d) AQI will not attempt to identify the Individuals to whom the Limited Data Set Information pertains, or attempt to contact such Individuals, provided that this restriction will not be interpreted to prevent AQI from conducting such activities under the Business Associate Contract provisions of which it becomes aware;this Agreement. Under no circumstances will AQI attempt to contact Individuals except with Participant’s prior written consent. (fe) Will ensure AQI agrees to require that any Registry participants or other researchers, and any Subcontractors Subcontractor to whom it it, directly or indirectly, provides the Limited Data Set, contractually Set Information will agree in writing to comply with the same restrictions and conditions that apply to AACVPR with respect to such information; and (g) Will not use the Limited Data Set to identify or contact the Individuals who are the subject of the information. Nothing in through this subsection will be interpreted to limit AACVPR’s ability to provide its Data Aggregation and analysis services as otherwise provided by this Agreement.Section 3.2

Data Use Agreement Obligations. With The obligations set out in this Subsection 3.2 apply only with respect to the AQI’s Use or Disclosure of Limited Data Sets that AACVPR may create, Use and Disclose for Research purposes pursuant to Sections 7.3(d) herein, AACVPR agrees that it:Set Information. (a) Will Use the Limited Data Set only for such Research purposes and will Disclose the Limited Data Set only AQI agrees to participants in the Registry and other researchers for Research in the area of health care in accordance with the provisions of 45 CFR 164.512(i); (b) Will not Use or further Disclose the Limited Data Set in a manner that would violate the HIPAA Regulations if done by Participant; (c) Will not Use or Disclose the Limited Data Set Information other than as permitted by Section 4(c) of this Agreement Agreement, or as otherwise Required By Law;. (db) Will AQI agrees to use reasonable and appropriate safeguards to prevent Use or Disclosure of the Limited Data Set Information other than as provided for permitted by Section 4(c) of this Agreement. Without limiting the generality of the foregoing, including AQI further agrees to: implement Administrative, Physical, and Technical Safeguards that reasonably and appropriately protect the Confidentiality, Integrity, and Availability of the electronic Limited Data Set Information that it creates, receives, maintains, or transmits on behalf of Participant as required by 45 CFR 164.314;164.314(a); ensure that any Subcontractor, to whom it provides such Limited Data Set Information agrees to implement reasonable and appropriate safeguards to protect such information; report within 5 business days to the Participant any Security Incident or Breach of Unsecured PHI of which AQI becomes aware. (ec) Will promptly AQI will report within 5 business days to Participant any Use or Disclosure of the Limited Data Set Information not provided for permitted by Section 4(c) of this Agreement of which it AQI becomes aware and any Security Incident involving aware. (d) AQI will not attempt to identify the Individuals to whom the Limited Data Set Information pertains, or attempt to contact such Individuals, provided that this restriction will not be interpreted to prevent AQI from conducting such activities under the Business Associate Contract provisions of which it becomes aware;this Agreement. Under no circumstances will AQI attempt to contact Individuals except with Participant’s prior written consent. (fe) Will ensure AQI agrees to require that any Registry participants or other researchers, and any Subcontractors Subcontractor to whom it it, directly or indirectly, provides the Limited Data Set, contractually Set Information will agree in writing to comply with the same restrictions and conditions that apply to AACVPR with respect to such information; and (g) Will not use the Limited Data Set to identify or contact the Individuals who are the subject of the information. Nothing in through this subsection will be interpreted to limit AACVPR’s ability to provide its Data Aggregation and analysis services as otherwise provided by this Agreement.Section 3.2