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Page 13 of 16 <br />iii. Use or Disclose PHI to provide Data Aggregation services to Covered Entity as <br />permitted by 45 CFR §164.504(e)(2)(i)(B), including, without limitation, Disclosure <br />of PHI to Subcontractors, vendors and/or other third parties, as may be necessary to <br />allow Business Associate to perform services under the Services Agreement; to Use <br />and store PHI in a benchmark database; and to Disclose de-identified and <br />disassociated data for population benchmarking and normative reporting purposes. <br /> <br />iv. To create de-identified information in compliance with 45 C.F.R. 164.514(a)-(c). <br />Once PHI has been de-identified, it shall no longer be considered PHI and shall not <br />be subject to the confidentiality obligations or restrictions on Disclosure set forth in <br />this Agreement. <br /> <br />v. Use or Disclose PHI to report violations of law to appropriate Federal and State <br />authorities, consistent with 45 CFR §164.502(j)(1). <br /> <br />a. Business Associate agrees that it will use appropriate safeguards to prevent Use or Disclosure of <br />PHI other than as provided in this Agreement. <br /> <br />b. Business Associate agrees to implement administrative, physical, and technical safeguards and <br />comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI. <br /> <br />c. Business Associate agrees to mitigate, to the extent practicable, any harmful effects known to it <br />which are caused by a Use or Disclosure of PHI by it or by one of its agents or Subcontractors in <br />violation of this Agreement. <br /> <br />d. Business Associate agrees that it will report to Covered Entity any Use or Disclosure of PHI not <br />allowed by this Agreement if it becomes aware of the Use or Disclosure, provided that Business <br />Associate shall not be obligated to report unsuccessful attempts to penetrate computer networks <br />or servers that do not result in loss of data or degradation of computer networks. <br /> <br />e. Business Associate agrees that it will ensure that any agent or Subcontractor to whom it provides <br />PHI pertaining to Covered Entity agrees in writing to the substantially similar restrictions and <br />conditions that this Agreement imposes on Business Associate. <br /> <br />f. Business Associate agrees to provide an appropriate Individual with access to PHI in a <br />Designated Record Set in the manner required of Covered Entity pursuant to the requirements of <br />45 CFR §164.524. <br /> <br />g. Business Associate agrees to allow an appropriate Individual to make amendment(s) to PHI in a <br />Designated Record Set in the manner required of Covered Entity pursuant to the requirements of <br />45 CFR §164.526. <br /> <br />h. Business Associate agrees to make its internal practices, books, and records (including PHI <br />pertaining to Covered Entity) available to the Secretary for purposes of determining Covered <br />Entity’s compliance with the Privacy Rule. <br /> <br />i. Business Associate agrees to document disclosures of PHI and information related to these <br />disclosures so it or Covered Entity may respond to requests by Individuals for an accounting of <br />disclosures of PHI pursuant to the requirements of 45 CFR §164.528.