Financial Obligations for Breach Notification. i. To the extent that the Business Associate is a governmental agency subject to the provisions of Iowa Code § 679A.19, any dispute between the Contractor and the Agency, including but not limited to the incursion of any costs, liabilities, damages, or penalties related to the Business Associate’s breach of this BAA, shall be submitted to a board of arbitration in accordance with Iowa Code § 679A.19. ii. To the extent that the Business Associate is not subject to the provisions of Iowa Code § 679A.19, the Business Associate shall defend, indemnify, and hold harmless the Covered Entity from costs, liabilities, damages, or penalties incurred as a result the Business Associate or any Subcontractor’s breach of this BAA, the Underlying Agreement, or conduct of the Business Associate or the Business Associate’s Subcontractor that is not in compliance with 45 C.F.R. Part 164, subpart E. Such liability shall not attach to disclosures made at the express written direction of the Covered Entity. iii. The Business Associate’s obligations under this subsection 8(d) are not limited to third-party claims but shall also apply to claims by the Covered Entity against the Business Associate.
Appears in 3 contracts
Samples: Business Associate Agreement, Business Associate Agreement, Business Associate Agreement
Financial Obligations for Breach Notification. i. To the extent that the Business Associate is a governmental agency subject to the provisions of Iowa Code § 679A.19, any dispute between the Contractor Business Associate and the Agency, including but not limited to the incursion of any costs, liabilities, damages, or penalties related to the Business Associate’s breach of this BAA, shall be submitted to a board of arbitration in accordance with Iowa Code § 679A.19.
ii. To the extent that the Business Associate is not subject to the provisions of Iowa Code § 679A.19, the Business Associate shall defend, indemnify, and hold harmless the Covered Entity from costs, liabilities, damages, or penalties incurred as a result of the Business Associate or any Subcontractor’s breach of this BAA, the Underlying Agreement, or conduct of the Business Associate or the Business Associate’s Subcontractor that is not in compliance with 45 C.F.R. Part 164, subpart E. Such liability shall not attach to disclosures made at the express written direction of the Covered Entity.
iii. The Business Associate’s obligations under this subsection 8(d) are not limited to third-party claims but shall also apply to claims by the Covered Entity against the Business Associate.
Appears in 2 contracts
Samples: Business Associate Agreement, Business Associate Agreement
Financial Obligations for Breach Notification. i. To the extent that the Business Associate is a governmental agency subject to the provisions of Iowa Code § 679A.19, any dispute between the Contractor and the Agency, including but not limited to the incursion of any costs, liabilities, damages, or penalties related to the Business Associate’s breach of this BAA, shall be submitted to a board of arbitration in accordance with Iowa Code § 679A.19.
ii. To the extent that the Business Associate is not subject to the provisions of Iowa Code § 679A.19, the Business Associate shall defend, indemnify, indemnify and hold harmless the Covered Entity from costs, liabilities, damages, or penalties incurred as a result the Business Associate or any Subcontractor’s breach of this BAA, the Underlying Agreement, or conduct of the Business Associate or the Business Associate’s Subcontractor that is not in compliance with 45 C.F.R. Part 164, subpart E. Such liability shall not attach to disclosures made at the express written direction of the Covered Entity.
iii. The Business Associate’s obligations under this subsection 8(d) are not limited to third-party claims but shall also apply to claims by the Covered Entity against the Business Associate.
Appears in 2 contracts
Samples: Master Software, Services, and Equipment Agreement, Master Agreement
Financial Obligations for Breach Notification. i. j) To the extent that the Business Associate is a governmental agency subject to the provisions of Iowa Code § 679A.19, any dispute between the Contractor and the Agency, including but not limited to the incursion of any costs, liabilities, damages, or penalties related to the Business Associate’s breach of this BAA, shall be submitted to a board of arbitration in accordance with Iowa Code § 679A.19.
ii. k) To the extent that the Business Associate is not subject to the provisions of Iowa Code § 679A.19, the Business Associate shall defend, indemnify, indemnify and hold harmless the Covered Entity from costs, liabilities, damages, or penalties incurred as a result the Business Associate or any Subcontractor’s breach of this BAA, the Underlying Agreement, or conduct of the Business Associate or the Business Associate’s Subcontractor that is not in compliance with 45 C.F.R. Part 164, subpart E. Such liability shall not attach to disclosures made at the express written direction of the Covered Entity.
iii. l) The Business Associate’s obligations under this subsection 8(d) are not limited to third-party claims but shall also apply to claims by the Covered Entity against the Business Associate.
Appears in 1 contract
Samples: It Managed Service & Staff Augmentation Supplier Agreement
Financial Obligations for Breach Notification. i. To the extent that the Business Associate is a governmental agency subject to the provisions of Iowa Code § 679A.19, any dispute between the Contractor and the Agency, including but not limited to the incursion of any costs, liabilities, damages, or penalties related to the Business Associate’s breach of this BAA, shall be submitted to a board of arbitration in accordance with Iowa Code § 679A.19.
ii. To the extent that the Business Associate is not subject to the provisions of Iowa Code § 679A.19, the Business Associate shall defend, indemnify, indemnify and hold harmless the Covered Entity from costs, liabilities, damages, or penalties incurred as a result the Business Associate or any Subcontractor’s breach of this BAA, the Underlying Agreement, or conduct of the Business Associate or the Business Associate’s Subcontractor that is not in compliance with 45 C.F.R. Part 164, subpart E. Such liability shall not attach to disclosures made at the express written direction of the Covered Entity.
iii. The Business Associate’s obligations under this subsection 8(d) are not limited to third-third- party claims but shall also apply to claims by the Covered Entity against the Business Associate.
Appears in 1 contract
Samples: Technology Products, Services, and Solutions Master Agreement
Financial Obligations for Breach Notification. i. To the extent that the Business Associate is a governmental agency subject to the provisions of Iowa Code § 679A.19, any dispute between the Contractor and the Agency, including but not limited to the incursion of any costs, liabilities, damages, or penalties related to the Business Associate’s breach of this BAA, shall be submitted to a board of arbitration in accordance with Iowa Code § 679A.19.
ii. To the extent that the Business Associate is not subject to the provisions of Iowa Code § 679A.19, the Business Associate shall defend, indemnify, and hold harmless the Covered Entity from costs, liabilities, damages, or penalties incurred as a result of the Business Associate or any Subcontractor’s breach of this BAA, the Underlying Agreement, or conduct of the Business Associate or the Business Associate’s Subcontractor that is not in compliance with 45 C.F.R. Part 164, subpart E. Such liability shall not attach to disclosures made at the express written direction of the Covered Entity.
iii. The Business Associate’s obligations under this subsection 8(d) are not limited to third-party claims but shall also apply to claims by the Covered Entity against the Business Associate.
Appears in 1 contract
Samples: Business Associate Agreement