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

Obligations of Business Associate Upon Termination. Business Associate agrees to return or destroy all PHI pursuant to 45 CFR § 164.504(e)(2)(I). Prior to doing so, the Business Associate further agrees to recover any PHI in the possession of its subcontractors or agents. If it is not feasible for the Business Associate to return or destroy said PHI, the Business Associate will notify Covered Entity in writing and the Covered Entity may disagree with the Business Associate’s determination. Said notification shall include: (a) a statement that the Business Associate has determined that it is not feasible to return or destroy the PHI in its possession, and (b) the specific reasons for such determination. Business Associate further agrees to extend any and all protections, limitations and restrictions contained in this Agreement to the Business Associate’s use and/or disclosure of any PHI retained after the termination of this Agreement, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible. If it is infeasible for the Business Associate to obtain from a subcontractor or agent any PHI in the possession of the subcontractor or agent, the Business Associate must provide a written explanation to Covered Entity and require such subcontractor or agent to agree to extend any and all protections, limitations and restrictions contained in this Agreement to the subcontractor’s and/or agent’s use and/or disclosure of any PHI retained after the termination of this Agreement, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible.

Obligations of Business Associate Upon Termination. Within five (5) business days of termination of this Agreement, Business Associate agrees to to, at Covered Entity’s sole discretion, return or destroy all PHI in its possession pursuant to 45 CFR C.F.R. § 164.504(e)(2)(I164.504(e)(2)(ii)(J) and retain no copies (which for purposes of this Agreement shall include destroying all backup tapes). Prior to doing so, the Business Associate further agrees to recover any PHI in the possession of its subcontractors or agents. If it is not feasible for the Business Associate to return or destroy said PHI, the Business Associate will notify Covered Entity in writing and the Covered Entity may disagree with the Business Associate’s determination. Said notification shall include: (ai) a statement that the Business Associate has determined that it is not feasible to return or destroy the PHI in its possession, ; and (bii) the specific reasons for such determination. Business Associate further agrees to extend any and all protections, limitations and restrictions contained in this Agreement to the Business Associate’s use and/or disclosure of any PHI retained after the termination of this Agreement, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible. If it is infeasible for the Business Associate to obtain from a subcontractor or agent any PHI in the possession of the subcontractor or agent, the Business Associate must provide a written explanation to Covered Entity and require such subcontractor or agent the subcontractors and agents to agree to extend any and all protections, limitations and restrictions contained in this Agreement to the subcontractor’s subcontractors’ and/or agent’s agents’ use and/or disclosure of any PHI retained after the termination of this Agreement, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible. Any termination of the Underlying Agreement as provided in this Section 3, shall be without liability or further obligation on the part of Covered Entity, except those provisions that survive any termination of the Underlying Agreement.

Obligations of Business Associate Upon Termination. Business Associate agrees to return or destroy all PHI pursuant to 45 CFR § 164.504(e)(2)(I)) and provide mutually agreed upon documentation that the PHI has been destroyed. Prior to doing so, the Business Associate further agrees to recover any PHI in the possession of its subcontractors or agents. If it is not feasible for the Business Associate to return or destroy said PHI, the Business Associate will notify Covered Entity UCMC in writing and the Covered Entity may disagree with the Business Associate’s determinationwriting. Said The notification shall include: (ai) a statement that the Business Associate has determined that it is not feasible to return or destroy the PHI in its possession, and (bii) the specific reasons for such determination. Business Associate further agrees to extend any and all protections, limitations and restrictions contained in this Agreement to the Business Associate’s use and/or disclosure of any PHI retained after the termination of this Agreement, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible. If in spite of Business Associate’s best effort attempt it is infeasible for the Business Associate to obtain from a subcontractor or agent any PHI in the possession of the subcontractor or agent, the Business Associate must provide a written explanation to Covered Entity UCMC and require such subcontractor or agent the subcontractors and agents to agree to extend any and all protections, limitations and restrictions contained in this Agreement to the subcontractor’s subcontractors’ and/or agent’s agents’ use and/or disclosure of any PHI retained after the termination of this Agreement, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible.

Obligations of Business Associate Upon Termination. Business Associate agrees to return or destroy all PHI pursuant to 45 CFR § 164.504(e)(2)(I). Prior to doing so, the Business Associate further agrees to recover any PHI in the possession of its subcontractors or agents. If it is not feasible for the Business Associate to return or destroy said PHI, the Business Associate will notify Covered Entity UC in writing and the Covered Entity may disagree with the Business Associate’s determinationwriting. Said The notification shall include: (ai) a statement that the Business Associate has determined that it is not feasible to return or destroy the PHI in its possession, and (bii) the specific reasons for such determination. Business Associate further agrees to extend any and all protections, limitations and restrictions contained in this Agreement to the Business Associate’s use and/or disclosure of any PHI retained after the termination of this Agreement, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible. If in spite of Business Associate’s best effort attempt it is infeasible for the Business Associate to obtain from a subcontractor or agent any PHI in the possession of the subcontractor or agent, the Business Associate must provide a written explanation to Covered Entity UC and require such subcontractor or agent the subcontractors and agents to agree to extend any and all protections, limitations and restrictions contained in this Agreement to the subcontractor’s subcontractors’ and/or agent’s agents’ use and/or disclosure of any PHI retained after the termination of this Agreement, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible.

Obligations of Business Associate Upon Termination. Business Associate agrees to return or destroy all PHI pursuant to 45 CFR § 164.504(e)(2)(IC.F.R. §164.504(e)(2)(ii)(J). Prior to doing so, the Business Associate further agrees to recover any PHI in the possession of its subcontractors or agents. If it is not feasible for the Business Associate to return or destroy said PHI, the Business Associate will notify Covered Entity in writing and the Covered Entity may disagree with the Business Associate’s determination. Said notification shall include: (ai) a statement that the Business Associate has determined that it is not feasible to return or destroy the PHI in its possession, and (bii) the specific reasons for such determination. Business Associate further agrees to extend any and all protections, limitations and restrictions contained in this Agreement Addendum to the Business Associate’s use and/or disclosure of any PHI retained after the termination of this AgreementAddendum, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible. If it is infeasible for the Business Associate to obtain obtain, from a subcontractor or agent any PHI in the possession of the subcontractor or agent, the Business Associate must provide a written explanation to Covered Entity and require such subcontractor or agent the subcontractors and agents to agree to extend any and all protections, limitations and restrictions contained in this Agreement Addendum to the subcontractor’s subcontractors’ and/or agent’s agents’ use and/or disclosure of any PHI retained after the termination of this AgreementAddendum, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible.

Obligations of Business Associate Upon Termination. Business Associate agrees to return or destroy all PHI pursuant to 45 CFR § 164.504(e)(2)(I). Prior to doing so, the Business Associate further agrees to recover any PHI in the possession of its subcontractors or agents. If it is not feasible for the Business Associate to return or destroy said PHI, the Business Associate will notify Covered Entity in writing and the Covered Entity may disagree with the Business Associate’s determination. Said notification shall include: (a)  a statement that the Business Associate has determined that it is not feasible to return or destroy the PHI in its possession, and (b)  the specific reasons for such determination. Business Associate further agrees to extend any and all protections, limitations and restrictions contained in this Agreement to the Business Associate’s use and/or disclosure of any PHI retained after the termination of this Agreement, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible. If it is infeasible for the Business Associate to obtain from a subcontractor or agent any PHI in the possession of the subcontractor or agent, the Business Associate must provide a written explanation to Covered Entity and require such subcontractor or agent to agree to extend any and all protections, limitations and restrictions contained in this Agreement to the subcontractor’s and/or agent’s use and/or disclosure of any PHI retained after the termination of this Agreement, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible.

Obligations of Business Associate Upon Termination. Business Associate agrees to return or destroy all PHI pursuant to 45 CFR § 164.504(e)(2)(I)) and provide mutually agreed upon documentation that the PHI has been destroyed. Prior to doing so, the Business Associate further agrees to recover any PHI in the possession of its subcontractors or agents. If it is not feasible for the Business Associate to return or destroy said PHI, the Business Associate will notify Covered Entity UC in writing and the Covered Entity may disagree with the Business Associate’s determinationwriting. Said The notification shall include: (ai) a statement that the Business Associate has determined that it is not feasible to return or destroy the PHI in its possession, and (bii) the specific reasons for such determination. Business Associate further agrees to extend any and all protections, limitations and restrictions contained in this Agreement to the Business Associate’s use and/or disclosure of any PHI retained after the termination of this Agreement, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible. If in spite of Business Associate’s best effort attempt it is infeasible for the Business Associate to obtain from a subcontractor or agent any PHI in the possession of the subcontractor or agent, the Business Associate must provide a written explanation to Covered Entity UC and require such subcontractor or agent the subcontractors and agents to agree to extend any and all protections, limitations and restrictions contained in this Agreement to the subcontractor’s subcontractors’ and/or agent’s agents’ use and/or disclosure of any PHI retained after the termination of this Agreement, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible.

Obligations of Business Associate Upon Termination. Business Associate agrees to return or destroy all PHI pursuant to 45 CFR § 164.504(e)(2)(IC.F.R. §164.504(e)(2)(ii)(J). Prior to doing so, the Business Associate further agrees to recover any PHI in the possession of its subcontractors or agents. If it is not feasible for the Business Associate to return or destroy said PHI, the Business Associate will notify Covered Entity in writing and the Covered Entity may disagree with the Business Associate’s determination. Said notification shall include: (ai) a statement that the Business Associate has determined that it is not feasible to return or destroy the PHI in its possession, and (bii) the specific reasons for such determination. Business Associate further agrees to extend any and all protections, limitations and restrictions contained in this Agreement to the Business Associate’s use and/or disclosure of any PHI retained after the termination of this Agreement, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible. If it is infeasible for the Business Associate to obtain obtain, from a subcontractor or agent any PHI in the possession of the subcontractor or agent, the Business Associate must provide a written explanation to Covered Entity and require such subcontractor or agent the subcontractors and agents to agree to extend any and all protections, limitations and restrictions contained in this Agreement to the subcontractor’s subcontractors’ and/or agent’s agents’ use and/or disclosure of any PHI retained after the termination of this Agreement, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible.

Obligations of Business Associate Upon Termination. Business Associate agrees to return or destroy all PHI pursuant to 45 CFR § 164.504(e)(2)(I). Prior to doing so, the Business Associate further agrees to recover any PHI in the possession of its subcontractors or agents. If it is not feasible for the Business Associate to return or destroy said PHI, the Business Associate will notify Covered Entity in writing and the Covered Entity may disagree with the Business Associate’s determination. Said notification shall include: (a) a statement that the Business Associate has determined that it is not feasible to return or destroy the PHI in its possession, and (b) the specific reasons for such determination. Business Associate further agrees to extend any and all protections, limitations and restrictions contained in this Agreement Addendum to the Business Associate’s use and/or disclosure of any PHI retained after the termination of this AgreementAddendum, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible, including when applicable those under sections 2 of this Addendum. If it is infeasible for the Business Associate to obtain from a subcontractor or agent any PHI in the possession of the subcontractor or agent, the Business Associate must provide a written explanation to Covered Entity and require such subcontractor or agent to agree to extend any and all protections, limitations and restrictions contained in this Agreement Addendum to the subcontractor’s and/or agent’s use and/or disclosure of any PHI retained after the termination of this AgreementAddendum, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible. The Business Associate’s obligations under this section 5.3 shall survive the expiration or termination of this Addendum for any reason.