Common use of Return or Destruction Clause in Contracts

Return or Destruction. Upon termination, cancellation, expiration or other conclusion of Agreement, Business Associate will, if feasible, return to Company or destroy all PHI and electronic PHI in whatever form or medium (including any electronic medium) and all copies of any data or compilations derived from and allowing identification of any individual who is a subject of PHI and electronic PHI. Company will determine, in its sole discretion, whether Business Associate will destroy or return such PHI and electronic PHI. Business Associate will complete such return or destruction as promptly as possible, but not later than ten (10) business days after the effective date of the termination, cancellation, expiration or other conclusion of Agreement. All costs related to the Business Associate’s return or destruction of PHI and electronic PHI will be paid by the Business Associate. Business Associate will identify any PHI and electronic PHI that cannot feasibly be returned to Company or destroyed. Business Associate will limit its further use or disclosure of that PHI and electronic PHI to those purposes that make return or destruction of that PHI and electronic PHI infeasible. Within ten (10) business days after the effective date of the termination, cancellation, expiration or other conclusion of Agreement, Business Associate will (a) certify on oath in writing to Company that such return or destruction has been completed, (b) deliver to Company the identification of any PHI and electronic PHI for which return or destruction is infeasible, and (c) certify that it will only use or disclose such PHI and electronic PHI for those purposes that make return or destruction infeasible.

Return or Destruction. Upon termination, cancellation, expiration or other conclusion of Agreement, Business Associate will, if feasible, return to Company or destroy all PHI and electronic PHI in whatever form or medium (including any electronic medium) and all copies of any data or compilations derived from and allowing identification of any individual who is a subject of PHI and electronic PHI. Company will determine, in its sole discretion, whether Business Associate will destroy or return such PHI and electronic PHI. Business Associate will complete such return or destruction as promptly as possible, but not later than ten (10) business days after the effective date of the termination, cancellation, expiration or other conclusion of Agreement. All costs related to the Business Associate’s return or destruction of PHI and electronic PHI will be paid by the Business Associate. Business Associate will identify any PHI and electronic PHI that cannot feasibly be returned to Company or destroyed. Business Associate will limit its further use or disclosure of that PHI and electronic PHI to those purposes that make return or destruction of that PHI and electronic PHI infeasible. Within ten (10) business days after the effective date of the termination, cancellation, expiration or other conclusion of Agreement, Business Associate will (a) certify on oath in writing to Company that such return or destruction has been completed, (b) deliver to Company the identification of any PHI and electronic PHI for which return or destruction is infeasible, HIPAA FORM D Companion: AGENT/VENDOR BAA (POST-HITECH) Created 10-08-09, 4-24-14; Last Revised 1-01-17 and (c) certify that it will only use or disclose such PHI and electronic PHI for those purposes that make return or destruction infeasible.

Return or Destruction. Upon termination, cancellation, expiration or other conclusion of the Agreement, Business Associate will, will if feasible, feasible return to Company or destroy all PHI and electronic PHI PHI, in whatever form or medium (including in any electronic medium) and medium under Business Associate’s custody or control), that Business Associate created or received for or from Company, including all copies of and any data or compilations derived from and allowing identification of any individual Individual who is a subject of PHI and electronic PHI. Company will determine, in its sole discretion, whether Business Associate will destroy or return such PHI and electronic the PHI. Business Associate will complete such return or destruction as promptly as possible, but not later than ten (10) business 30 days after the effective date of the termination, cancellation, expiration or other conclusion of Agreement. All costs related to the Business Associate’s return or destruction of Associate shall destroy all PHI and electronic PHI will be paid in accordance with any guidance set forth by the Business Associate. Secretary of HHS and/or any other government agency or other entity to whom HHS delegates such authority Business Associate will identify any PHI and electronic PHI that Business Associate created or received for or from Company that cannot feasibly be returned to Company or destroyed. Business Associate , and will limit its further use Use or disclosure Disclosure of that PHI and electronic PHI to those purposes that make return or destruction of that PHI infeasible and electronic will otherwise continue to protect the security any PHI infeasiblethat is maintained pursuant to the security provisions of this Agreement for so long as the PHI is maintained. Within ten (10) business days after the effective date of the termination, cancellation, expiration or other conclusion of Agreementsuch 30 days, Business Associate will (a) certify on oath in writing to Company that such return or destruction has been completed, (b) will deliver to Company the identification of any PHI and electronic PHI for which return or destruction is infeasibleinfeasible and, and (c) for that PHI, will certify that it will only use Use or disclose such PHI and electronic PHI for those purposes that make return or destruction infeasible.

Return or Destruction. Upon termination, cancellation, expiration or other conclusion of Agreement, Business Associate will, if feasible, return to Company or destroy all PHI and electronic PHI in whatever form or medium (including any electronic medium) and all copies of any data or compilations derived from and allowing identification of any individual who is a subject of PHI and electronic PHI. Company will determine, in its sole discretion, whether Business Associate will destroy or return such PHI and electronic PHI. Business Associate will complete such return or destruction as promptly as possible, but not later than ten (10) business days after the effective date of the termination, cancellation, expiration or other conclusion of Agreement. All costs related to the Business Associate’s return or destruction of PHI and electronic PHI will be paid by the Business Associate. Business Associate will identify any PHI and electronic PHI that cannot feasibly be returned to Company or destroyed. Business Associate will limit its further use or disclosure of that PHI and electronic PHI to those purposes that make return or destruction of that PHI and electronic PHI infeasible. Within ten (10) business days after the effective date of the termination, cancellation, expiration or other conclusion of Agreement, Business Associate will (a) certify on oath in writing to Company that such return or destruction has been completed, (b) deliver to Company the identification of any PHI and electronic PHI for which return or destruction is infeasible, 4 click there to return to pg 1 HIPAA FORM D Companion: AGENT/VENDOR BAA (POST-HITECH) Created 10-08-09, 4-24-14; Last Revised 1-01-17 and (c) certify that it will only use or disclose such PHI and electronic PHI for those purposes that make return or destruction infeasible.

Return or Destruction. Upon termination, cancellation, expiration or other conclusion of this BAA or the License Agreement, Business Associate will, will if feasible, feasible return to Company Covered Entity or destroy all PHI and electronic PHI PHI, in whatever form or medium (including in any electronic medium) and medium under Business Associate’s custody or control), that Business Associate created or received for or from Covered Entity, including all copies of and any data or compilations derived from and allowing identification of any individual who is a subject of PHI and electronic PHI. Company will determine, in its sole discretion, whether Business Associate will destroy or return such PHI and electronic the PHI. Business Associate will complete such return or destruction as promptly as possible, but not later than ten thirty (1030) business days after the effective date of the termination, cancellation, expiration or other conclusion of Agreement. All costs related to the Business Associate’s return or destruction of PHI and electronic PHI will be paid by the Business AssociateBAA. Business Associate will identify any PHI and electronic PHI that Business Associate created or received for or from Covered Entity that cannot feasibly be returned to Company Covered Entity or destroyed. Business Associate , and will limit its further use or disclosure of that PHI and electronic PHI to those purposes that make return or destruction of that PHI and electronic PHI infeasible. Within ten sixty (1060) business days after the effective date of the termination, cancellation, expiration or other conclusion of AgreementBAA, Business Associate will (a) certify on oath in writing to Company Covered Entity that such return or destruction has been completed, (b) and will deliver to Company Covered Entity the identification of any PHI and electronic PHI for which return or destruction is infeasibleinfeasible and, and (c) for that PHI, will certify that it will only use or disclose such PHI and electronic PHI for those purposes that make return or destruction infeasible. Notwithstanding the foregoing, Business Associate shall not be required to return or destroy PHI that Business Associate was authorized to obtain, use or disclose by Covered Entity’s clients.

Return or Destruction. Upon termination, cancellation, expiration or other conclusion of this BAA and the Agreement, Business Associate will, if feasible, return to Company Covered Entity or destroy all PHI and electronic PHI in whatever form or medium (including in any electronic medium) and medium under Business Associate’s custody or control), that Business Associate created or received for or from Covered Entity, including all copies of and any data or compilations derived from and allowing identification of any individual who is a subject of PHI and electronic PHI. Company will determine, in its sole discretion, whether Business Associate will destroy or return such PHI and electronic the PHI. Business Associate will complete such return or destruction as promptly as possible, but not later than ten (10) business days possible after the effective date of the termination, cancellation, expiration or other conclusion of this BAA or Agreement. All costs related to the Business Associate’s return or destruction of PHI and electronic PHI will be paid by the Business Associate. Business Associate will identify any PHI and electronic PHI that Business Associate created or received for or from Covered Entity that cannot feasibly be returned to Company Covered Entity or destroyed. Business Associate , and will limit its further use Use or disclosure Disclosure of that PHI and electronic PHI to those purposes that make return or destruction of that PHI and electronic PHI infeasible. Within ten (10) business days after Upon reasonable request by the effective date of the termination, cancellation, expiration or other conclusion of AgreementCovered Entity, Business Associate will (a) certify on oath in writing to Company that such return or destruction has been completed, (b) deliver to Company Covered Entity the identification of any PHI and electronic the PHI for which return or destruction is infeasibleinfeasible and, and (c) certify for that PHI, will attest that it will only use Use or disclose Disclose such PHI and electronic PHI for those purposes that make return or destruction infeasible.. Covered Entity will reimburse Business Associate’s reasonable costs incurred in returning or destroying the PHI. DRAFT

Return or Destruction. Upon termination, cancellation, expiration or other conclusion of Agreement, Business Associate will, if feasible, return to Company or destroy all PHI and electronic PHI in whatever form or medium (including any electronic medium) and all copies of any data or compilations derived from and allowing identification of any individual who is a subject of PHI and electronic PHI. Company will determine, in its sole discretion, whether Business Associate will destroy or return such PHI and electronic PHI. Business Associate will complete such return or destruction as promptly as possible, but not later than ten (10) business days after the effective date of the termination, cancellation, expiration or other conclusion of Agreement. All costs related to the Business Associate’s return or destruction of PHI and electronic PHI will be paid by the Business Associate. Business Associate will identify any PHI and electronic PHI that cannot feasibly be returned to Company or destroyed. Business Associate will limit its further use or disclosure of that PHI and electronic PHI to those purposes that make return or destruction of that PHI and electronic PHI infeasible. Within ten (10) business days after the effective date of the 4 Rev (12/11), (4/14), (1/17) HIPAA FORM D Companion: AGENT/VENDOR BAA (POST-HITECH) Created 10-08-09, 4-24-14, Last Revised 1-01-17 termination, cancellation, expiration or other conclusion of Agreement, Business Associate will (a) certify on oath in writing to Company that such return or destruction has been completed, (b) deliver to Company the identification of any PHI and electronic PHI for which return or destruction is infeasible, and (c) certify that it will only use or disclose such PHI and electronic PHI for those purposes that make return or destruction infeasible.