Common use of Termination by Covered Entity Clause in Contracts

Termination by Covered Entity. As provided under 45 C.F.R. § 164.504(e)(2)(iii), Covered Entity may immediately terminate this Agreement and the Services Agreement if Covered Entity knows of a pattern of activity or practice of Business Associate that constitutes a material breach or violation of Business Associate’s obligations under the provisions of this Agreement. Alternatively, if Covered Entity has determined that Business Associate has violated a material term of this Agreement and Covered Entity elects not to immediately terminate the Services Agreement and this Agreement, then Covered Entity will: (i) provide Business Associate written notice of the existence of an alleged material breach; and (ii) afford Business Associate an opportunity to cure the alleged material breach within five (5) days. In the event that Business Associate does not cure the breach within five (5) days, Covered Entity may terminate, the Services Agreement or this Agreement, if feasible (as determined by Covered Entity), or if termination is not feasible, report the problem to the Secretary of HHS.

Termination by Covered Entity. As provided under 45 C.F.R. § 164.504(e)(2)(iii), Covered Entity may immediately terminate this Agreement Addendum and the Services Agreement if Covered Entity knows of a pattern of activity or practice of Business Associate that constitutes a material breach or violation of Business Associate’s obligations under the provisions of this AgreementAddendum. Alternatively, if Covered Entity has determined that Business Associate has violated breached a material term of this Agreement Addendum and Covered Entity elects does not to immediately terminate the Services Agreement and this AgreementAddendum, then Covered Entity willshall: (i) provide Business Associate written notice of the existence of an alleged material breach; and (ii) afford Business Associate an opportunity to cure the alleged material breach within five (5) 5 days. In the event that Business Associate does not cure the breach within five (5) 5 days, Covered Entity may terminate, the Services Agreement or this Agreement, if feasible (as determined by Covered Entity), or if termination is not feasible, report the problem to the Secretary of HHS.