Common use of Discovery and Notification Clause in Contracts

Discovery and Notification. Following the discovery of a breach of unsecured PHI, Contractor shall notify County in writing of such breach without unreasonable delay and in no case later than 60 calendar days after discovery of a breach, except as provided in 45 CFR §164.412. 1) Breaches treated as discovered. A breach is treated as discovered by Contractor as of the first day on which such breach is known to Contractor or, by exercising reasonable diligence, would have been known to Contractor, which includes any person, other than the person committing the breach, who is an employee, officer, or other agent of Contractor (determined in accordance with the federal common law of agency).

Appears in 2 contracts

Samples: Professional Services, Professional Services

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Discovery and Notification. Following the discovery of a breach of unsecured PHI, Contractor 20 shall notify County in writing of such breach without unreasonable delay and in no case later 21 than 60 calendar days after discovery of a breach, except as provided in 45 CFR §164.412. 22 (1) Breaches Xxxxxxxx treated as discovered. A breach is treated as discovered by Contractor as of the 23 first day on which such breach is known to Contractor or, by exercising reasonable diligence, 24 would have been known to Contractor, which includes any person, other than the person 25 committing the breach, who is an employee, officer, or other agent of Contractor (determined 26 in accordance with the federal common law of agency).

Appears in 1 contract

Samples: Hipaa Business Associate Agreement

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Discovery and Notification. Following the discovery of a breach of unsecured PHI, Contractor shall notify County in writing of such breach without unreasonable delay and in no case later than 60 calendar days after discovery of a breach, except as provided in 45 CFR §164.412. 1) Breaches Xxxxxxxx treated as discovered. A breach is treated as discovered by Contractor as of the first day on which such breach is known to Contractor or, by exercising reasonable diligence, would have been known to Contractor, which includes any person, other than the person committing the breach, who is an employee, officer, or other agent of Contractor (determined in accordance with the federal common law of agency).

Appears in 1 contract

Samples: Professional Services

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