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�11 <br />A. Terms. The Term of this Agreement shall be effective as of the date specified above, and shall terminate <br />when all of the PHI provided by Covered Entity to Business Associate, or created or received by Business <br />Associate on behalf of Covered Entity, is destroyed, or returned to Covered Entity. If it is infeasible to <br />return or destroy Protected Health Information, Business Associate shall extend protections to such <br />information, in accordance with the termination provisions in this Section. <br />B. ermination for Cause. If Covered Entity becomes aware of a pattern of activity or practice that <br />constitutes a material breach or violation of the obligations under the provisions of this Agreement, <br />Covered Entity has the option to terminate the Agreement upon demanding a cure within thirty (30) days <br />of obtaining such knowledge. If Business Associate fails to cure such breach within the thirty (30) day <br />period, Covered Entity has the right to terminate the Agreement immediately. <br />C. iJbli finr�s o business Asspciesie U an Cermina9inr�. <br />t. Except as provided in paragraph two (2) of this Section IV(C), upon termination of this Agreement <br />for any reason, Business Associate shall return or destroy all PHI received from Covered Entity, or <br />created or received by Business Associate on behalf of Covered Entity, and shall retain no copies <br />of the PHI except as required by the Agreement. <br />2. In the event that Business Associate determines that returning or destroying the PHI is infeasible, <br />Business Associate shall provide to Covered Entity notification of the conditions that make return or <br />destruction infeasible. Upon mutual agreement of the parties that return or destruction of PHI is <br />infeasible, Business Associate shall extend the protections of this Agreement to such PHI and limit <br />further uses and disclosures of such PHI to those purposes that make the return or destruction <br />infeasible, for so long as Business Associate maintains such PHI. <br />A. Insurance. Business Associate shall provide, pay for, and maintain first party and third -party liability <br />insurance coverage to cover its obligations under this Agreement, commonly known as "cyber liability <br />insurance" or "data breach liability insurance" with limits of not less than One Million Dollars <br />($1,000,000). Covered Entity shall be named as an additional insured on such insurance policy or <br />policies. Such insurance shall expressly provide coverage for (among other things) HIPAA/HITECH <br />violations and/or issues. Such insurance shall be maintained throughout the term of this Agreement and if <br />such insurance is written on a "claims made" basis, for an extended period of not less than two (2) years <br />rafter all PHI is destroyed or returned to the Covered Entity. Upon request at the commencement of this <br />Agreement, and upon request at any reasonable time during the term thereof, Business Associate shall <br />furnish to Covered Entity certified copies of the insurance policy or policies and endorsements to all <br />policies, certificates of insurance, declarations pages and schedules of forms to all policies, <br />& AmendmeVIT. The parties agree to take such action as is necessary to amend this Agreement from time <br />to time as is necessary for the parties to comply with the HIPAA Rules. <br />C. Survival. The respective rights and obligations of Business Associate under Section IV(A), (B), and (C) of <br />this Agreement shall survive the termination of this Agreement. <br />D. Governipq Lawn. This Agreement shall be construed, and the rights and liabilities of the parties hereto <br />determined, in accordance with the internal laws of the State of Indiana. <br />Pane 5 1 14 <br />