Common use of Mitigation and Cooperation Clause in Contracts

Mitigation and Cooperation. Business Associate shall use commercially reasonable efforts to mitigate, at Business Associate’s sole cost and expense, any harmful effect that is known to it for the Breach or Use or Disclosure of PHI in violation of this Agreement. Covered Entity shall be solely responsible, based upon the facts of the Breach (as disclosed to Covered Entity by Business Associate), to conduct a risk assessment to determine whether PHI has been compromised and notification to individuals is required. Business Associate shall cooperate with Covered Entity in the notification of individuals as required and in the manner as set forth in the Privacy and Security Regulations. Business Associate shall not provide any notification directly to individuals regarding a Breach of PHI without Covered Entity’s prior written consent, unless otherwise required by the Privacy and Security Regulations.