Common use of Remedies in Event of Breach Clause in Contracts

Remedies in Event of Breach. (a) Business Associate hereby agrees that any violation of this Agreement may cause irreparable harm to the Covered Entity. As such, in the event of breach of any provision of this Agreement, Covered Entity shall be entitled to enjoin and restrain Business Associate from any continued violation, and/or may seek specific performance, without bond, security or necessity of demonstrating actual damages. (b) Business Associate shall indemnify and hold Covered Entity harmless against all claims and costs resulting from acts and/or omissions of the Business Associate in connection with Business Associate’s obligations under this Agreement, including but not limited to, reasonable attorneys’ fees, expenses and costs. Business Associate shall be fully liable for the actions of its agents, employees, partners and subcontractors and shall fully indemnify and hold harmless Covered Entity from suits, actions, damages and costs of every name and description relating to breach notification required by 45 CFR Part 164 Subpart D, or State Technology Law Section 208, caused by any intentional act or negligence of Business Associate, its agents, employees, partners and subcontractors, without limitation; provided however, that Business Associate shall not indemnify for that portion of any claim, loss or damage arising hereunder due to the negligent act or failure to act of Covered Entity. The provisions of this Section 6 shall survive the expiration or termination of this Agreement.

Remedies in Event of Breach. (a) Business Associate hereby agrees that any violation of this Agreement may cause irreparable harm to the Covered Entity. As such, in the event of breach of any provision of this Agreement, Covered Entity shall be entitled to enjoin and restrain Business Associate from any continued violation, violation and/or may seek specific performance, without bond, security security, or necessity of demonstrating actual damages. (b) Business Associate shall indemnify and hold Covered Entity harmless against all claims and costs resulting from acts and/or omissions of the Business Associate in connection with Business Associate’s obligations under this Agreement, including but not limited to, to reasonable attorneys’ fees, expenses expenses, and costs. Business Associate shall be fully liable for the actions of its agents, employees, partners and subcontractors and shall fully indemnify and hold harmless Covered Entity from suits, actions, damages damages, and costs of every name and description relating to breach notification required by 45 CFR Part §164 Subpart D, or State Technology Law Section 208, caused by any intentional act or negligence of Business Associate, its agents, employees, partners partners, and subcontractors, without limitation; provided however, that Business Associate shall not indemnify for that portion of any claim, loss loss, or damage arising hereunder due to the negligent act or failure to act of Covered Entity. The provisions of this Section 6 shall survive the expiration or termination of this Agreement.