Common use of Producer’s Obligations Clause in Contracts

Producer’s Obligations. At all times PRODUCER agrees to: (a) Refrain from using or disclosing PPI for any purpose other than as specifically permitted or required by the Agreement, including this Exhibit, as specifically required in order to perform the services for which PRODUCER has been engaged or as permitted by law; (b) Abide by an Individual’s request to restrict the disclosure of PPI consistent with the requirements of Section 13405(a) of the HITECH Act; (c) Implement and utilize appropriate safeguards to prevent the Use or Disclosure of PPI other than as provided for by this Agreement; (d) Mitigate, to the extent practicable, any harmful effect that is known to PRODUCER as a result of a Use or Disclosure of PPI by PRODUCER in violation of the requirements of this Agreement; (e) Report to COMPANY any Use or Disclosure of PPI not provided for by this Agreement of which PRODUCER becomes aware, including but not limited to any breach of unsecured PPI in compliance with any reporting requirements under regulations implementing the HITECH Act; (f) Ensure that any contractor, consultant or vendor to whom PRODUCER provides PPI received from COMPANY, or created or received by PRODUCER on behalf of COMPANY, agrees to the same restrictions and conditions that apply through this Agreement to PRODUCER with respect to such information; (g) Provide PPI to COMPANY or, as directed by COMPANY, to an INDIVIDUAL, in a reasonable time and manner, in order to meet the requirements of the Privacy Rule, the HITECH Act, or applicable state law; (h) Make any amendment(s) to PPI that COMPANY, or an INDIVIDUAL upon COMPANY’s consent, directs PRODUCER to make in order to comply with the Privacy Rule; (i) Make PRODUCER’s internal practices, books, and records, including policies and procedures, relating to the Use and Disclosure of PPI available to COMPANY or to the Secretary of the Department of Health and Human Services for purposes of determining COMPANY’s compliance with the Privacy Rules; (j) Document Disclosures of PPI and information related to such Disclosures as would be required in order to permit COMPANY to respond to a request by an INDIVIDUAL for an accounting of such Disclosures of PPI in accordance with the Privacy Rule and the HITECH Act; (k) Make available to COMPANY within fifteen (15) days the information required to provide an accounting of disclosures in accordance with the Privacy Rule and the HITECH Act; (l) Implement and utilize safeguards to Use or Disclose only the minimum necessary information in the performance of PRODUCER’s obligations under this Agreement; and (m) Refrain from Using or Disclosing PPI for any marketing purposes not authorized by this Agreement; (n) Make available to COMPANY within fifteen (15) days the information required to provide an accounting of disclosures in accordance with the Privacy Rule and the HITECH Act; (o) Refrain from receiving any remuneration in exchange for any Individual’s PPI unless (1) that exchange is pursuant to a valid authorization that includes a specification of whether the PPI can be further exchanged for remuneration by the entity receiving the PPI of that Individual or (2) satisfies one of the exceptions enumerated in the HITECH Act; and (p) Refrain from marketing activities that would violate Section 13406 of the HITECH Act.