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notification of the conditions that mane return or destruction infeasible, Business, <br />Associate shall extend the protections of this Agreement to such PHI and limit Further <br />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 />S. Regulatory References. A reference in this -Agreement to a section in the Privacy We means the <br />section as in effect ox as amended, and fox which compliance is required. <br />9. Automatic Amendmennt. Upon the Applicable Effective Date of any amendment to the regulations <br />promulgated by Health and Duman Services (HHS) with respect to PHI, this Agreement shall <br />automatically amend such that the obligations unposed on Business Associate as a Business Associate <br />remain in compliance with such regulations. <br />10, Survival. The respective rights and obligations of Business Associate and Covered Entity under this <br />Agreement shall survive the termination of this Agreement. <br />11. Choice of Law. This Agreement shall be governed and construed under the laws of Indiana, <br />without regard to choice of law rules. <br />12. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with <br />respect to the subject matter hereof, and supersedes all prior oral or written agreements, commitments <br />or understandings with respect thereto, <br />13. Assignment. Either fatty shall be pexmitted to assign its rights and interests under this Agreement <br />to an entity that purchases the assets of the Company or merges with the company, so long as (i) the . <br />assignee agrees to be bound by all of the terms and conditions of this Agreement and (h) the assignee <br />operates the business as a continuation of that Patty's business, <br />14, State Law Preemption. Pursuant to 45 CPR Section 160,203, certain provisions of state laws <br />relating to the privacy of PHI may supersede the applicable similar provision(s) within the H2AA. <br />Regulations (hereinafter referred to each as a "State Lava"). Business Associate shall comply with <br />provisions of such State Laws applicable to Business Associate, <br />I5. Notice. All notices or communications required or permitted pursuant to the tens of this <br />Agreement'shall be in writing and will be delivered in pets on or by paeans of cettified or registered <br />mail, postage paid, return ,receipt requested, to such patty at its address as set forth below, ox such <br />other person or address as such party way specify by similar notice to the other party hereto, or by <br />telephone facsimile with a hard copy sent by mail with delivery on the next business day. All such <br />notices will be deemed given upon delivery or delivered by hand, on the third business day after <br />deposit with the U.S. Postal Service, and on the first business day after sending if by facsimile. <br />As to Covered Entity: <br />South Bend Fire Deputiment <br />1222 South Michigan Street <br />Attn: Andy Myer <br />South Bend, Indiana 46601 <br />With a copy to: . <br />5 <br />