Return or Destruction of Records. 5.1 At the discloser’s request, the Recipient must immediately stop using all Confidential Information and, at its cost, must for all Records in the possession or control of the Recipient or of any person to whom it has given access to any Record:
a) deliver every tangible Record to the Discloser or at the Discloser’s option destroy it; and
b) erase or destroy every intangible Record.
5.2 The Discloser undertakes to the Recipient to honour a reciprocal obligation for Proposal Information.
Return or Destruction of Records. Upon termination of this Agreement for any reason, Data User shall return or destroy, as specified by Covered Entity, the Limited Data Set that Data User still maintains in any form, and shall retain no copies of such Limited Data Set. If Covered Entity, in its sole discretion, requires that Data User destroy the Limited Data Set, Data User shall certify to Covered Entity that the Limited Data Set has been destroyed. If return or destruction is not feasible, Data User shall inform Covered Entity of the reason it is not feasible and shall continue to extend the protections of this Agreement to such Limited Data Set and limit further use and disclosure of such Limited Data Set to those purposes that make the return or destruction of such Limited Data Set infeasible.
Return or Destruction of Records. Upon termination of this Agreement for any reason, BA shall return or destroy, as specified by CE, all PHI that BA still maintains in any form, and shall retain no copies of such PHI. If CE, in its sole discretion, requires that BA destroy any or all PHI, BA shall certify to CE that the PHI has been destroyed. If return or destruction is not feasible, BA shall inform CE of the reason it is not feasible and shall continue to extend the protections of this Agreement to such PHI and limit further use and disclosure of such PHI to those purposes that make the return or destruction of such PHI infeasible.
Return or Destruction of Records. Upon termination of this Agreement for any reason, Business Associate shall return or destroy, as specified by Covered Entity, all PHI that Business Associate still maintains in any media, and shall retain no copies of such PHI. If Covered Entity, in its sole discretion, requires that Business Associate destroy any or all PHI in its possession, Business Associate shall certify to Covered Entity that the PHI has been destroyed. If return or destruction is not feasible, Business Associate shall inform Covered Entity of the reason it is not feasible and shall continue to extend the protections of this Agreement to such information and limit further use and disclosure of such PHI to those purposes that make the return or destruction of such PHI infeasible. The foregoing will not apply, however, to any PHI for which Business Associate has received from the applicable individual (with respect to whom the PHI pertains) authorization in accordance with HIPAA that Business Associate may retain such PHI for the purposes authorized by the individual. Business Associate’s obligations with respect to such PHI will become outside the scope of this Agreement and will be governed by HIPAA and the agreement between Business Associate and the individual.
Return or Destruction of Records. Upon termination of this Agreement for any reason, Data Recipient shall return or destroy, as specified by Covered Entity, the Limited Data Set that Data Recipient still maintains in any form, and shall retain no copies of such Limited Data Set. Data Recipient may retain a fully deidentified extract of the Limited Data Set (though not the Limited Data Set itself) for up to five years beyond the termination of this agreement, though the fully deidentified extract may not be shared with any outside entities, and such extract may only be used for research that is reviewed and approved through a formal IRB process and is consistent with the process described in step (8) in Attachment B. If Covered Entity, in its sole discretion, requires that Data Recipient destroy the Limited Data Set, Data Recipient shall certify to Covered Entity that the Limited Data Set has been destroyed. Data Recipient will destroy all Individually Identifiable Health Information received as part of the Limited Data Set no later than the end date set forth in Section 5.a, unless the Agreement is terminated prior to that date. If return or destruction is not feasible, Data Recipient shall inform Covered Entity of the reason it is not feasible and shall continue to extend the protections of this Agreement to such Limited Data Set and limit further use and disclosure of such Limited Data Set to those purposes that make the return or destruction of such Limited Data Set infeasible.
Return or Destruction of Records. Upon termination of this Agreement for any reason, the Receiving Party will immediately deliver to the Disclosing Party all materials (in any medium whatsoever), records, notes, data, memorandum, models and equipment of any nature that are in the possession or under the control of the Receiving Party and its employees and that are the property of the Disclosing Party upon Disclosing Party’ written request, except as needed to continue shipping, manufacturing or supporting products or services as allowed under Sections 6.4 and 6.5. Alternatively, the Receiving Party may elect to destroy some or all of such property of the Disclosing Party and certify the destruction of such property to the Disclosing Party within thirty (30) days after the termination.
Return or Destruction of Records. (a) On the earlier of:
(i) the Department's request;
(ii) when no longer required for a Permitted Purpose; and
(iii) the expiry or termination of this Contract,
(iv) stop using and disclosing (and ensure all Health Services Manager Personnel and Network Providers do the same) any Personal Information of the Department; and
(v) deliver to the Department, or, at the Department's request and direction, destroy, erase or de-identify, all Records of the Personal Information of the the Department or any other person) in the possession, custody or control of the Health Services Manager or any person to whom it has given access to these Records, whether or not in accordance with this Contract.
(b) The Department must retain the Records that the Health Services Manager delivers to the Department in accordance with clause 48.8(a)(v) for a period of seven (7) years after their delivery by the Health Services Manager (or, in the case of Records concerning a minor, a period commensurate with the statutory limitation period for actions by that minor).
(c) The Department must grant the Health Services Manager any access to these Records which the Health Services Manager reasonably requires in connection with any legal proceedings or threatened legal proceedings to which the Health Service Manager is a party.
Return or Destruction of Records. The Adviser must take reasonable steps to ensure that on the earlier of:
(a) the Adviser's request; or
(b) when no longer required for the Permitted Purpose; or
(c) the completion or termination of the Permitted Purpose, the Service Provider must as soon as practicable, at its cost:
i. stop using and/or disclosing all and any of the Confidential Information ; and
ii. deliver to the Adviser or, at the Adviser's request and direction, destroy, erase or de-identify, all tangible and intangible records of the Confidential Information (whether prepared by or for the Service Provider or the Adviser or any other person) in the possession, custody or control of the Service Provider or any person to whom it has given access to these records, whether or not in accordance with this Agreement.
Return or Destruction of Records. Upon termination of this Agreement for any reason, Data Recipient shall return or destroy, as specified by Covered Entity, the Limited Data Set that Data Recipient still maintains in any form, and shall retain no copies of such Limited Data Set. If Covered Entity, in its sole discretion, requires that Data Recipient destroy the Limited Data Set, Data Recipient shall certify to Covered Entity that the Limited Data Set has been destroyed. Data Recipient will destroy all Individually Identifiable Health Information received as part of the Limited Data Set no later than the end date set forth in Section 4.a, unless the Agreement is terminated prior to that date. If return or destruction is not feasible, Data Recipient shall inform Covered Entity of the reason it is not feasible and shall continue to extend the protections of this Agreement to such Limited Data Set and limit further use and disclosure of such Limited Data Set to those purposes that make the return or destruction of such Limited Data Set infeasible.
Return or Destruction of Records. If the Transaction is not consummated or is no longer being considered or upon termination of the Transaction, upon the written request of Disclosing Party, Receiving Party will immediately return or destroy and shall cause its Representatives to return or destroy to Disclosing Party all Confidential Information provided by Disclosing Party or its agents, and all copies, summaries, abstracts and other materials derived from such Confidential Information (including but not limited to electronically stored data, disks and tapes), which Receiving Party or its Representatives have possession of or have the right to possession of, and all rights of Receiving Party and its Representatives with respect to such Information shall thereupon forever cease and terminate. If Confidential Information exists in an electronic format and cannot be returned, Receiving Party will destroy and/or otherwise purge such Information from its database and/or information system. Notwithstanding anything to the contrary in the Agreement, a Party shall not be obligated to erase or destroy Confidential Information that is contained in an archived computer system backup made in accordance with such Party's security and/or disaster recovery procedures provided that such archived copy will:
(a) eventually be erased or destroyed in the ordinary course of such Party's data processing procedures; and (b) such copy shall remain fully subject to the obligations of confidentiality stated herein, until the earlier of the erasure or destruction of such copy, or the expiration of the confidentiality obligations set out in this Agreement. Upon destruction of Confidential Information or any copies thereof, Receiving Party shall certify in writing to Disclosing Party by affidavit that such destruction has occurred.
