Common use of Effect of BAA Clause in Contracts

Effect of BAA. In the event of any inconsistency between the provisions of this BAA and the Agreement, the provisions of the BAA will control. In the event of inconsistency between the provisions of this BAA and mandatory provisions of the Privacy Rule, the Security Rule or the HITECH Act, as amended, or their interpretation by any court or regulatory agency with authority over AZCOMP or Customer, such interpretation will control; provided, however, that if any relevant provision of the Privacy Rule, the Security Rule or the HITECH Act is amended in a manner that changes the obligations of AZCOMP or Customer that are embodied in terms of this BAA, then the parties agree to negotiate in good faith appropriate non-financial terms or amendments to this BAA to give effect to such revised obligations. Where provisions of the BAA are different from those mandated in the Privacy Rule, the Security Rule, or the HITECH Act, but are nonetheless permitted by such rules as interpreted by courts or agencies, the provisions of the BAA will control.

Effect of BAA. In the event of any inconsistency between the provisions of this BAA and the Underlying Agreement, the provisions of the this BAA will control. In the event of inconsistency between the provisions of this BAA and mandatory provisions of the Privacy Rule, the Security Rule or the HITECH Act, as amendedHIPAA Final Rule, or their interpretation by any court or regulatory agency with authority over AZCOMP Alliance or CustomerParticipant, such interpretation will control; provided, however, that if any relevant provision of the Privacy Rule, the Security Rule or the HITECH Act HIPAA Final Rule is amended in a manner that changes the obligations of AZCOMP Alliance or Customer Participant that are embodied in terms of this BAA, then the parties Parties agree to negotiate in good faith appropriate non-financial terms or amendments to this BAA to give effect to such revised obligations. Where provisions of the this BAA are different from those mandated in the Privacy Rule, the Security Rule, or the HITECH ActHIPAA Final Rule, but are nonetheless permitted by such rules as interpreted by courts or agencies, the provisions of the this BAA will control.

Effect of BAA. In the event of any inconsistency between the provisions of this BAA and the Underlying Agreement, the provisions of the this BAA will control. In the event of inconsistency between the provisions of this BAA and mandatory provisions of the Privacy Rule, the Security Rule or the HITECH Act, as amendedHIPAA Final Rule, or their interpretation by any court or regulatory agency with authority over AZCOMP Alliance or CustomerMember, such interpretation will control; provided, however, that if any relevant provision of the Privacy Rule, the Security Rule or the HITECH Act HIPAA Final Rule is amended in a manner that changes the obligations of AZCOMP Alliance or Customer Member that are embodied in terms of this BAA, then the parties Parties agree to negotiate in good faith appropriate non-financial terms or amendments to this BAA to give effect to such revised obligations. Where provisions of the this BAA are different from those mandated in the Privacy Rule, the Security Rule, or the HITECH ActHIPAA Final Rule, but are nonetheless permitted by such rules as interpreted by courts or agencies, the provisions of the this BAA will control.