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Page 5 of kit). <br /> FAMILY <br /> HealthCare <br /> (c)Notify Business Associate of any restriction to the use or disclosure of Protected Health <br /> Information that Covered Entity has agreed to in accordance with 45 CFR 164.522, to the <br /> extent that such restriction may affect Business Associate's use or disclosure of Protected <br /> Health Information. <br /> Permissible Requests by Covered Entity <br /> Covered Entity shall not request Business Associate to use or disclose Protected Health <br /> Information in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if <br /> done by Covered Entity. <br /> Terms and Termination <br /> (a) Term. The term of this Agreement shall be effective as of the effective date of the <br /> underlying services agreement between the parties and shall terminate upon the earlier of: <br /> (1) expiration or termination of the underlying services agreement; or <br /> (2) termination of this Agreement for cause by the Covered Entity as authorized by <br /> subsection(b)below. <br /> (b) Termination for Cause. Upon Covered Entity's knowledge of a material breach by <br /> Business Associate, Covered Entity shall either: <br /> (1) provide an opportunity for Business Associate to cure the breach or end the violation <br /> and terminate this Agreement if Business Associate does not cure the breach or end <br /> the violation within the time specified by Covered Entity; or <br /> (2) immediately terminate this Agreement if Business Associate has breach a material <br /> term of this Agreement and cure is not possible. <br /> (c) Obligations of Business Associate Upon Termination. Upon termination of this <br /> Agreement for any reason, Business Associate, with respect to Protected Health <br /> Information received from Covered Entity, or created, maintained, or received by <br /> Business Associate on behalf of Covered Entity, shall: <br /> (1) Except as provided in paragraph(2) of this section, upon termination of this <br /> Agreement for any reason, Business Associate shall return or destroy all Protected <br /> Health Information received from Covered Entity, or created or received by Business <br /> Associate on behalf of Covered Entity. This provision shall apply to Protected Health <br /> Information that is in possession of subcontractors or agents of Business Associate. <br /> Business Associate shall retain no copies of the Protected Health Information. <br /> Business Associate Agreement <br /> Family HealthCare <br />