Termination by Breach. The Department may immediately terminate the primary Agreement this Business Associate Agreement is attached to if the Business Associate has breached a material term of this Business Associate Agreement. Alternatively, the department may choose to (i) provide Business Associate with five (5) days written notice of the existence of an alleged material breach; and (ii) afford Business Associate an opportunity to cure said alleged material breach to the satisfaction of Department within five (5) days. Business Associate’s failure to cure shall be grounds for immediate termination of the primary Agreement to which the Business Associate Agreement is attached. Department’s remedies under this Agreement are cumulative, and the exercise of any remedy shall not preclude the exercise of any other. However, in the event that the Department determines that termination of the Agreement is not feasible, the Department shall have the right to report the breach to the Secretary of the Department of Health and Human Services, notwithstanding any other provisions of this Agreement to the contrary.
Appears in 4 contracts
Samples: Purchase of Services Agreement, Consulting Agreement, Purchase of Services Agreement
