Common use of Indemnification by Business Associate Clause in Contracts

Indemnification by Business Associate. Business Associate will indemnify and hold harmless Covered Entity, and any affiliate, officer, director, employee or agent of Covered Entity from and against any claim, cause of action, liability, damage, cost or expense, including attorneys’ fees and court or proceeding costs, arising out of or in connection with any use or disclosure of PHI that violates or is not permitted by this Agreement, HIPAA, the Privacy Rule, the Security Rule or the HITECH Act, or other breach of this Agreement by Business Associate or any subcontractor or agent of Business Associate.

Indemnification by Business Associate. Business Associate will indemnify and hold harmless Covered Entity, Subcontractor and any affiliate, officer, director, employee or agent of Covered Entity Subcontractor from and against any penalties, claim, cause of action, liability, damage, cost or expense, including attorneys’ fees and court or proceeding costs, arising out of or in connection with any use or disclosure failure of PHI that violates or is not permitted by this Agreement, Business Associate to comply with HIPAA, the Privacy Rule, the Security Rule or the HITECH Act, or other breach of this Agreement by Business Associate or any subcontractor or agent of Business Associate.