Providence Regional Medical Center 5/15/2017

unsuccessful log-on attempts,denial of service attacks,and any combination of the above,so long as no such incident results in unauthorized access,use or disclosure of PHI. b) Notice to Providence of a Breach or suspected Breach shall include, at a minimum: (i)the identification of each individual whose PHI has been,or is reasonably believed to have been, accessed, acquired, or disclosed during the Breach, (ii) the date of the Breach, if known, (iii) the scope of the Breach, and(iv) a description of the Business Associate's response to the Breach. Business Associate agrees that notice to Providence shall not be delayed due to lack of all these elements. c) In the event of a Breach, Business Associate shall, in consultation with Providence,mitigate,to the extent practicable, any harmful effect of such Breach that is known to Business Associate. 8. Return/Destruction of Protected Health Information Upon Termination Upon termination of Agreement for any reason, Business Associate shall not maintain any copies of the PHI and shall return or destroy all PHI that it maintains in any form. This provision applies to PHI that is in the possession of subcontractors or agents of Business Associate. In the event that Business Associate determines that returning or destroying the PHI is infeasible, Business Associate shall notify Providence of such a determination and shall extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI. This Section shall survive the termination of this Agreement. M. OBLIGATIONS OF PROVIDENCE 1. Use and Disclosure of PHI. Providence warrants that Providence, its directors, officers, subcontractors, workforce members, affiliates, agents, and representatives: (1) shall comply with HIPAA/HITECH in its use or disclosure of PHI; (2)shall not use or disclose PHI in any manner that violates applicable federal and state laws; (3) shall not request Business Associate to use or disclose PHI in any manner that violates applicable federal and state laws if such use or disclosure were done by Providence; and (4)may request Business Associate to disclose PHI directly to another Party only for the purposes allowed by HIPAA/HITECH. The provisions of this subsection shall survive the termination of this Agreement. IV. TERM AND TERMINATION 1. General Term and Termination This Agreement shall become effective on the Effective Date set forth above and shall terminate upon the termination or expiration of the Service Agreement and when all Pill provided by either 5