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15 <br />(a) Covered Entity and Business Associate each shall have the right to terminate this <br />BAA if the other party has engaged in an activity or practice that constitutes a material breach <br />or violation of Business Associate’s or the Covered Entity’s respective obligations regarding PHI <br />under this BAA and, on notice of such material breach or violation from the Covered Entity or <br />Business Associate, fails to take reasonable steps to cure the material breach or end the <br />violation. <br />(b) If Business Associate or the Covered Entity fail to cure the material breach or end <br />the violation after the other party’s notice, the Covered Entity or Business Associate (as <br />applicable) may terminate this BAA by providing Business Associate or the Covered Entity <br />written notice of termination, stating the uncured material breach or violation that provides <br />the basis for the termination and specifying the effective date of the termination. <br />5.CONTINUING PRIVACY AND SECURITY OBLIGATIONS <br />(a) Business Associate’s and the Covered Entity’s obligation to protect the privacy <br />and security of the PHI it created, received, maintained, or transmitted in connection with <br />services to be provided under the Agreement and this BAA shall be continuous and survive <br />termination, cancellation, expiration, or other conclusion of this BAA or the Agreement. <br />Business Associate’s other obligations and rights, and the Covered Entity’s obligations and <br />rights upon termination, cancellation, expiration, or other conclusion of this BAA, are those set <br />forth in this BAA and/or the Agreement. <br />4. TERMINATION