Common use of Obligations of Business Associate Upon Termination Clause in Contracts

Obligations of Business Associate Upon Termination. Except as otherwise agreed to in the Underlying Agreement, upon termination of this Agreement for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; Return to Covered Entity [or, if agreed to by Covered Entity, destroy] the remaining PHI that the Business Associate still maintains in any form; Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI; Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out in Section II of this Agreement which applied prior to termination; and Return to Covered Entity [or, if agreed to by Covered Entity, destroy] the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.

Appears in 4 contracts

Samples: Business Associate Agreement, Business Associate Agreement, Business Associate Agreement

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Obligations of Business Associate Upon Termination. Except as otherwise agreed to in the Underlying Agreement, upon Upon termination of this Agreement for any reason, Business Associate, with respect to PHI received from the Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: : (a) Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; ; (b) Return to the Covered Entity [or, if agreed to by the Covered Entity, destroy] , the remaining PHI that the Business Associate still maintains in any form; ; (c) Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI; ; (d) Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out in at Section II of this Agreement 3.02(e) and (f) above which applied prior to termination; and ; (e) Return to Covered Entity [or, if agreed to by Covered Entity, destroy] destroy the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities; and; (g) Obtain or ensure the destruction of PHI created, received, or maintained by any of the Business Associate's subcontractors.

Appears in 3 contracts

Samples: Agreement for the Provision & Maintenance of Durable Medical Equipment, Durable Medical Equipment Agreement, Business Associate Agreement

Obligations of Business Associate Upon Termination. Except as otherwise agreed to in the Underlying Agreement, upon termination of this Agreement for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: : 6.3.1 Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; ; 6.3.2 Return to Covered Entity [or, if agreed to by Covered Entity, destroy] the remaining PHI that the Business Associate still maintains in any form; ; 6.3.3 Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI; ; 6.3.4 Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out in Section II of this Agreement which applied prior to termination; and and 6.3.5 Return to Covered Entity [or, if agreed to by Covered Entity, destroy] the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.

Appears in 3 contracts

Samples: Business Associate Agreement, Business Associate Agreement, Business Associate Agreement

Obligations of Business Associate Upon Termination. Except as otherwise agreed to in the Underlying Agreement, upon Upon termination of this Agreement for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; Return to Covered Entity [or, if agreed to by Covered Entity, destroy] destroy the remaining PHI that the Business Associate still maintains in any form; Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 Applicable Law with respect to electronic PHI to prevent use or disclosure of the PHIProtected Health Information, other than as provided for in this Section, for as long as Business Associate retains the PHI; Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out in at paragraphs F, G, and H of Section II of this Agreement III (“Permitted Uses and Disclosures”), which applied prior to termination; and Return to Covered Entity [or, if agreed to by Covered Entity, destroy] destroy the PHI r retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.

Appears in 2 contracts

Samples: Metagenics Online Webpage Agreement, Metagenics Online™ Webpage Agreement – Resale Estore

Obligations of Business Associate Upon Termination. Except as otherwise agreed to in the Underlying Agreement, upon Upon termination of this Agreement for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: Retain only that PHI which that is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; Return to Covered Entity [(or, if agreed to by Covered Entity, destroy] ) the remaining PHI that the Business Associate still maintains in any form; Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI; Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out in Section II of this Agreement which at above under “Permitted Uses and Disclosures By Business Associate” that applied prior to termination; and Return to Covered Entity [(or, if agreed to by Covered Entity, destroy] ) the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.

Appears in 2 contracts

Samples: Business Associate Agreement, Business Associate Agreement

Obligations of Business Associate Upon Termination. Except as otherwise agreed to in the Underlying Agreement, upon Upon termination of this Agreement BAA for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; Return Destroy or return to Covered Entity [orEntity, if agreed to as directed by Covered Entity, destroy] the remaining PHI that the Business Associate still maintains in any form; Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI; Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out in Section II of under this Agreement BAA which applied prior to termination; and Return Destroy or return to Covered Entity [orEntity, if agreed to as directed by Covered Entity, destroy] the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities; and If applicable, ensure that any permitted subcontractors comply with all Business Associate’s obligations contained in this section 5.

Appears in 1 contract

Samples: Business Associate Agreement

Obligations of Business Associate Upon Termination. Except as otherwise agreed to in the Underlying Agreement, upon termination of this Agreement for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: : a. Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; ; b. Return to Covered Entity [or, if agreed to by Covered Entity, destroy] the remaining PHI that the Business Associate still maintains in any form; ; c. Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI; ; d. Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out in Section II of this Agreement which applied prior to termination; and and e. Return to Covered Entity [or, if agreed to by Covered Entity, destroy] the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.

Appears in 1 contract

Samples: Business Associate Agreement

Obligations of Business Associate Upon Termination. Except as otherwise agreed to in the Underlying Agreement, upon Within thirty (30) calendar days of termination of this Agreement for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: : 7.2.1. Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; ; 7.2.2. Return to Covered Entity [entity or, if agreed to by Covered Entity, destroy] destroy the remaining PHI that the Business Associate still maintains in any form; ; 7.2.3. Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI; ; 7.2.4. Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out in at Section II of this Agreement 4 above under “Permitted Uses and Disclosures By Business Associate” which applied prior to termination; and and 7.2.5. Return to Covered Entity [or, if agreed to by Covered Entity, destroy] destroy the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.

Appears in 1 contract

Samples: Master Services Agreement

Obligations of Business Associate Upon Termination. Except as otherwise agreed to in the Underlying Agreement, upon Upon termination of this Agreement for any reasonrea- son, Business Associate, with respect to PHI received from the Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: : (a) Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; ; (b) Return to the Covered Entity [or, if agreed to by the Covered Entity, destroy] , the remaining PHI that the Business Associate still maintains in any form; ; (c) Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect re- spect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI; ; (d) Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out in at Section II of this Agreement 3.02(e) and (f) above which applied prior to termination; and ; (e) Return to Covered Entity [or, if agreed to by Covered Entity, destroy] destroy the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities; and; (g) Obtain or ensure the destruction of PHI created, received, or maintained by any of the Business Associate's subcontractors.

Appears in 1 contract

Samples: Software as a Service Agreement

Obligations of Business Associate Upon Termination. Except as otherwise agreed to in the Underlying Agreement, upon Upon termination of this Agreement for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: : 1. Retain only that PHI which is necessary for Business Associate Associates to continue its proper management and administration or to carry out its legal responsibilities; ; 2. Return to Covered Entity [or, if agreed to by Covered Entity, destroy] or destroy the remaining PHI that the Business Associate still maintains in any form; ; 3. Ensure the destruction of PHI created, received, or maintained by Subcontractors; 4. Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part § 164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI; ; 5. Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out in at Section II of this Agreement III. under “Permitted Uses and Disclosures By Business Associate” which applied prior to termination; and and 6. Return to Covered Entity [or, if agreed to by Covered Entity, destroy] or destroy the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.

Appears in 1 contract

Samples: Business Associate Agreement

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Obligations of Business Associate Upon Termination. Except as otherwise agreed to in the Underlying Agreement, upon Upon termination of this Agreement for any reasonpursuant to this Section 5, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: : (i) Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; ; (ii) Return to Covered Entity [or, if agreed to by Covered Entity, destroy] the remaining PHI that the Business Associate still maintains in any form; ; (iii) Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI ePHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI; ; (iv) Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out in Section II of this Agreement which applied prior to termination; and retained; (v) Return to Covered Entity [or, if agreed to by Covered Entity, destroy] covered entity the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.

Appears in 1 contract

Samples: Hipaa Business Associate Agreement

Obligations of Business Associate Upon Termination. Except as otherwise agreed to in the Underlying Agreement, upon Upon termination of this Agreement for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: , if applicable: (1) Retain only that PHI which is necessary for Business Associate to continue its own proper management and administration or to carry out its legal responsibilities; ; (2) Return to Covered Entity [or, if agreed to by Covered Entity, destroy] the or destroy any and all remaining PHI that the Business Associate still maintains in any form; , and if such PHI is destroyed, certify to such destruction in a writing signed by an authorized representative of Business Associate and delivered to Covered Entity; (3) Continue to use employ appropriate safeguards and comply with Subpart C of 45 CFR C.F.R. Part 164 with respect to electronic PHI to prevent use any unauthorized Use or disclosure Disclosure of the PHI, other than as provided for in this Section, PHI for as long as Business Associate retains the PHI; ; (4) Not use Use or disclose Disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out in Section II of this Agreement which applied prior to its termination; and and (5) Return to Covered Entity [or, if agreed to by Covered Entity, destroy] or destroy the PHI retained by Business Associate when it is no longer needed required by Business Associate for its proper management and administration or to carry out its legal responsibilities.

Appears in 1 contract

Samples: Master Services Agreement

Obligations of Business Associate Upon Termination. Except as otherwise agreed to in the Underlying Agreement, upon A. Upon termination of this Agreement Addendum for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: : 1. Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; ; 2. Return to Covered Entity [or, if agreed to by Covered Entity, destroy] destroy the remaining PHI that the Business Associate still maintains in any form; ; 3. Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI; . 4. Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out in at Section II III.D. of this Agreement Addendum which applied prior to termination; and and 5. Return to Covered Entity [or, if agreed to by Covered Entity, destroy] destroy the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities. B. The obligations of Business Associate under this Section shall survive the termination of this Addendum.

Appears in 1 contract

Samples: Professional Services

Obligations of Business Associate Upon Termination. Except as otherwise agreed to in the Underlying Agreement, upon Upon termination of this Agreement for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: Retain shall as applicable: (1) retain only that PHI which that is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; Return ; (2) return to Covered Entity [(or, if agreed to by Covered Entity, destroy] ) the remaining PHI that the Business Associate still maintains in any form; Continue ; (3) continue to use appropriate safeguards and comply with Subpart C of 45 CFR C.F.R. Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI; Not ; (4) not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out in Section II of this Agreement which at above under “Permitted Uses and Disclosures By Business Associate” that applied prior to termination; and Return and (5) return to Covered Entity [(or, if agreed to by Covered Entity, destroy] ) the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.

Appears in 1 contract

Samples: Statewide Contract

Obligations of Business Associate Upon Termination. Except as otherwise agreed to in the Underlying Agreement, upon Upon termination of this Agreement for any reason, Business Associate, with respect to PHI received from the Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: : (a) Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; . (b) Return to the Covered Entity [or, if agreed to by the Covered Entity, destroy] , the remaining PHI that the Business Associate still maintains in any form; ; (c) Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI; ; (d) Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out in at Section II of this Agreement 3.2 above which applied prior to termination; and ; (e) Return to Covered Entity [or, if agreed to by Covered Entity, destroy] destroy the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities. (f) As directed by Covered Entity, transmit the PHI to another Business Associate of the Covered Entity at termination, and; (g) Obtain or ensure the destruction of PHI created, received, or maintained by any of the Business Associate’s subcontractors.

Appears in 1 contract

Samples: Data Program Agreement

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