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<br /> <br /> <br />11 <br />Associate becomes aware. Business Associate will make this report by the fifth (5th) day of the month <br />immediately following any such security incident, except if any such security incident resulted in a disclosure <br />not permitted by this Agreement or Breach of Unsecured PHI, Business Associate will make the report in <br />accordance with the provisions set forth in the paragraph above. <br />D. Equitable Remedies. <br />Business Associate acknowledges and agrees that Covered Entity will suffer irreparable damage upon <br />Business Associate’s breach of this Agreement, and that such damages will be difficult to quantify. <br />Business Associate acknowledges and agrees that Covered Entity may file an action for an injunction to <br />enforce the terms of this Agreement against Business Associate, in addition to any other remedy Covered <br />Entity may have. Where Covered Entity has knowledge of any material breach by Business Associate, <br />Covered Entity may take proceedings against Business Associate before any Court having jurisdiction to <br />obtain an injunction or any legal proceedings to cure or stop such material breach, without more notice than <br />is set forth in Section 8.H. of this Agreement. <br />E. Penalties for Noncompliance. <br />Business Associate acknowledges that it is subject to civil and criminal enforcement for failure to comply with <br />the HIPAA Rules and sections 1176 and 1177 of the Social Security Act (42 USC § 1320d-5, 1320d-5) will <br />apply to Business Associate with respect to such violation in the same manner that such sections apply to <br />Covered Entity if it violates such provisions. <br /> <br />SECTION 6 TERM AND TERMINATION <br />A. General Term and Termination. <br /> This Agreement will become effective on the Effective Date and will terminate upon the termination or <br />expiration of the Service Agreement and when all PHI and Confidential Personal Information provided by <br />either party to the other, or created or received by Business Associate on behalf of Covered Entity is, in <br />accordance with Section 6.C below, destroyed or returned to Covered Entity or, if it is not feasible to return or <br />destroy PHI or Confidential Personal Information, the protections are extended to such information, in <br />accordance with the terms of this Agreement. <br />B. Material Breach. <br />Where either Party has knowledge of a material breach by the other Party of its obligations under this <br />Agreement, and if a cure is possible, the breaching Party will have an opportunity to cure. If the breaching <br />Party does not cure the breach within ten (10) business days of breaching Party’s receipt of notice from the <br />non-breaching Party, the non-breaching Party may terminate this Agreement and the Service Agreement. <br />Covered Entity will have the right to cure any breach of Business Associate’s obligations under this Agreement <br />at the sole expense of Business Associate. Covered Entity will give Business Associate notice of its election <br />to cure any such breach, and Business Associate will cooperate fully in the efforts by Covered Entity to cure <br />Business Associate’s breach. Business Associate will remit payment to the Covered Entity for costs incurred <br />to cure Business Associate’s breach within fifteen (15) business days of Covered Entity’s request for payment.