Common use of Notice of Breach of this CAP and Intent to Impose CMP Clause in Contracts

Notice of Breach of this CAP and Intent to Impose CMP. The Parties agree that a breach of this CAP by SEMC that has not been cured in accordance with Section VIII.C., below, constitutes a breach of the Agreement. Upon a determination by HHS that SEMC has breached this CAP, HHS may notify SEMC of (1) SEMC’s breach; and (2) HHS’ intent to impose a CMP, pursuant to 45 C.F.R. Part 160, for the Covered Conduct in paragraph I.2 of the Agreement and any other conduct that constitutes a violation of the HIPAA Rules (“Notice of Breach and Intent to Impose CMP”).

Notice of Breach of this CAP and Intent to Impose CMP. The Parties agree that a breach of this CAP by SEMC Lahey that has not been cured in accordance with Section section VIII.C., below, constitutes a breach of the Agreement. Upon a determination by HHS that SEMC Lahey has breached this CAP, HHS may notify SEMC of Lahey of: (1) SEMC’s Xxxxx’x breach; and (2) HHS’ intent to impose a CMP, pursuant to 45 C.F.R. Part 160, for the Covered Conduct set forth in paragraph I.2 of the Agreement and any other conduct that constitutes a violation of the HIPAA Privacy, Security, or Breach Notification Rules (“Notice of Breach and Intent to Impose CMP”).

Notice of Breach of this CAP and Intent to Impose CMP. The Parties agree that a material breach of this CAP by SEMC that has not been cured in accordance with Section VIII.C., below, Xxxxxx constitutes a breach of the Agreement. Upon a determination by HHS that SEMC Xxxxxx has materially breached this CAP, HHS may notify SEMC of Xxxxxx of: (1) SEMC’s Xxxxxx’x breach; and (2) HHS’ intent to impose a CMP, CMP pursuant to 45 C.F.R. Part 160, for the Covered Conduct set forth in paragraph I.2 of the Agreement and any other conduct that constitutes a violation of the HIPAA Privacy, Security, or Breach Notification Rules (“Notice of Breach and Intent to Impose CMP”).