2009 008 Ordinance - Laserfiche WebLink

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H. Amendment: Upon the enactment of any law or regulation affecting the use or disclosure of PHI, or the publication of any decision of a court of the United States or of this state relating to any such law, or the publication of any interpretive policy or opinion of any governmental agency charged with the enforcement of any such law or regulation, either party may, by written notice to the other, seek amendment of this Agreement as reasonably necessary to comply with such law or regulation, and the parties shall negotiate in good faith to so amend this Agreement. If the parties are unable to agree on any such amendment within sixty (60) days thereafter, either of them may terminate this Agreement on written notice to the other. I. Breach: Without limiting the rights of the parties pursuant to Section 5 of this Agreement, if Life Force breaches its obligations under this Section 9, Client may, at its option, either require Life Force to submit to a plan of monitoring and reporting, as Client may determine necessary to maintain compliance with this Section 9; and such plan shall be a part of this Agreement; or terminate this Agreement pursuant to Section 5(B). The remedies under this Section 9 and Section 5 shall be cumulative, and the exercise of any remedy shall not preclude the exercise of any other. J. Return or Destruction of Protected Health Information upon Termination: It may not be feasible for Life Force to return or destroy the PHI immediately upon termination of this Agreement. Life Force agrees to follow the provisions of this Section 9 for as long as Life Force retains the PHI and will limit any further use or disclosure of the PHI to those purposes allowed under this Agreement, until such time as Life Force either returns or destroys the PHI. The rights and obligations of the parties pursuant to this Section 9(J) shall survive the termination of this Agreement indefinitely. K. Terms: Unless otherwise provided, all capitalized terms in this Section 9 will have the same meaning as provided under the HIPAA Privacy Standards and Security Standards at 45 C.F.R. Parts 160 and 162. The terms of this Section 9 shall be construed in light of any applicable interpretation guidance on the Privacy or Security Standards issued by HHS. SECTION 10 - MEDIATION. In the event of any disagreement which cannot be amicably settled between Client and Life Force related to this Agreement, such disagreement shall be submitted to Mediation by a Mediator selected by agreement of the parties. SECTION 11 - MISCELLANEOUS. A. Notice. Any notice, request, consent and other communication required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given (a) when received, if personally delivered or sent by telecopy, (b) within one day after being sent by a recognized overnight delivery service, or (c) within five days after being sent by registered or certified mail, return receipt requested, postage prepaid, to the parties at the respective addresses set forth below: 10 22068/513664-1