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4 <br />15039916.1 <br />(c) Obligations of Business Associate Upon Termination <br />Upon termination of this Agreement, for any reason, Business Associate, with respect to <br />Protected Health Information received from the Plan, or created, maintained or received by <br />Business Associate on behalf of the Plan, shall: <br />i. Retain only that Protected Health Information which is necessary for Business <br />Associate to continue its proper management and administration or to carry out its <br />legal responsibilities; <br />ii. Return to the Plan, or destroy, all remaining Protected Health Information that the <br />Business Associate still maintains in any form; <br />iii. Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part <br />164 with respect to Electronic Protected Health Information to prevent Use or <br />Disclosure of the Protected Health Information, other than as provided for in this <br />Section, for as long as Business Associate retains the Protected Health Information; <br />iv. Not use or disclose the Protected Health Information retained by Business Associate <br />other than for purposes for which such Protected Health Information was retained <br />and subject to the same conditions set out at Section 3, paragraphs (b)(i) and (b)(ii), <br />which applied prior to termination; and <br />v. Return to the Plan, or destroy, the Protected Health Information retained by Business <br />Associate when it is no longer needed by Business Associate for its proper <br />management and administration or to carry out its legal responsibilities. In the event <br />that Business Associate determines that returning or destroying the Protected Health <br />Information is infeasible, Business Associate shall provide to the Plan notification of <br />the conditions that make return or destruction infeasible. Upon mutual agreement of <br />the parties that return or destruction of Protected Health Information is infeasible, <br />Business Associate shall extend the protections provided for in this Section to such <br />Protected Health Information and limit further uses and disclosures of such Protected <br />Health Information to those purposes that make the return or destruction infeasible, <br />for so long as Business Associate maintains such Protected Health Information. <br />(d) Survival. The obligations of Business Associate under this Section shall survive the <br />termination of this Agreement. <br />6. Miscellaneous <br />(a) Regulatory References <br />A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or <br />as amended. <br />(b) Amendment <br />The Plan and Business Associate agree to use best efforts to take such action as is necessary <br />to amend this Agreement from time to time as is necessary for compliance with the <br />DocuSign Envelope ID: D630F73D-D64F-4694-A24A-FC8220069016