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

Obligations of Business Associate Upon Termination. 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: (i) Retain only that PHI that 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 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; (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 at above under “Permitted Uses and Disclosures By Business Associate” that applied prior to termination; and (v) 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. If destruction of PHI is permitted under this Subsection, Business Associate shall notify Covered Entity in writing that such PHI has been destroyed. All other obligations of Business Associate under this BAA shall survive termination.

Obligations of Business Associate Upon Termination. Upon 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: (i) Retain only that PHI that 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 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 at above under “Permitted Uses and Disclosures By Business Associate” that in Section II of this Agreement which applied prior to termination; and (v) 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. If destruction of PHI is permitted under this Subsection, Business Associate shall notify Covered Entity in writing that such PHI has been destroyed. All other obligations of Business Associate under this BAA shall survive termination.

Obligations of Business Associate Upon Termination. Upon expiration or termination of this Agreement BAA 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: (i) Retain retain only that PHI that which is necessary for Business Associate to continue its proper internal management and administration or to carry out its legal responsibilities, as approved by the Covered Entity in writing after the Covered Entity has an opportunity to confirm that it is infeasible for Business Associate to return such PHI due to such reasons; (ii) Return return to Covered Entity (or, if agreed to by Covered EntityEntity in writing, destroy) destroy the remaining PHI that the Business Associate and/or any of its Subcontractors still maintains maintain in any form; (iii) Continue continue to use appropriate safeguards and comply with Subpart C of 45 CFR C.F.R. Part 164 with respect to Covered Entity’s electronic PHI to prevent use or disclosure of the such PHI, other than as provided for in this Section, for as long as Business Associate retains any PHI as approved by the PHICovered Entity in writing; (iv) Not not use or disclose the PHI retained by the Business Associate (and ensure that any Subcontractors agree to also not use or disclose) other than for the purposes for which such PHI was retained and subject to the same conditions set out at above under “Permitted Uses forth in this Section 5.3, and Disclosures By Business Associate” that applied prior to terminationin accordance with all protections and restrictions on the use and disclosure of such PHI as contained in this BAA; and (v) Return return to the Covered Entity (or, if agreed to by the Covered EntityEntity in writing, destroydestroy the PHI) the PHI retained by the Business Associate when it is no longer needed by the Business Associate for its proper internal management and administration or to carry out its legal responsibilities. If destruction of PHI is permitted under this Subsection, Business Associate shall notify Covered Entity in writing that such PHI has been destroyed. All other obligations of Business Associate under this BAA shall survive termination.