Common use of Notification to Individuals Clause in Contracts

Notification to Individuals. At the Covered Entity’s option, the Business Associate will be responsible for notifying individuals of the occurrence when the Covered Entity requires notification and to pay any cost of such notifications, as well as any costs associated with the breach, including but not limited to credit monitoring. Any limitation of liability contained in an Underlying Agreement shall not apply to the reimbursement requirements of this Section. This Section shall survive the termination of this BAA. The Business Associate must obtain the Covered Entity’s approval of the time, manner and content of any such notifications, provide the Covered Entity with copies of the notification, and provide the notification within sixty (60) days after discovery of the breach. The Business Associate shall have the burden of demonstrating to the Covered Entity that all notifications were made as required, including any evidence demonstrating the necessity of any delay beyond the sixty (60) day calendar notification requirement to affected individuals after the discovery of the breach by the Covered Entity or Business Associate.