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shall provide DBI with a written list of the employees of the Plan sponsor and other individuals under the Plan sponsor's control who are engaged in administrative functions for the Plan and wt.o are authorized to have access to Protected Health Information. DBI skall provide Protected Health Information only to those listed individuals. The Employer shall promptly provide any updates to the list. 2) To agents or subcontractors of the Plan sponsor unless such agent or subcontractor has entered into an agreement subjecting the agent or subcontractor to the same restrictions and conditions respecting the Protected Health Information that apply to the Plan sponsor. The Employer shall provide DBI with a written list of such agents and subcontractors who have entered into such agreements, and DBI shall provide Protected Health Information only to those entities. The Employer shall promptly provide any updates to this list. 3) To any business associate unless a business associate contract is in effect in accordance with the Privacy Standards. The Employer shall provide DBI with a written list of these busir_ess associates and other agents and subcontractors of the Plan sponsor who a'e authorized to have access to Protected Health Information. DBI shall provide Protected Health Information only to those listed entities..'7he Employer shall promptly provide any updates to the list. 4) In excess of the minimum necessary standards established pursuant to Article 11I, Section 4.(a) hereof. c. DBI is entitled to rely on any rec_uest or authorization by the Employer to use or disclose PHI as being made in accordance with the terms of Article 111.3, but reserves the right to refuse to disclose Protected Health Information in its sole discretion if it reasonably believes that s'~ch disclosure may result in a violation of the Privacy Standards. 3.5 Unauthorized Uses and Disclosures. In the event DBI becomes aware of an unauthorized use or disclosure of Protected Health Information by itself or any of its agents or subcontractors, DBI shall promptly notify the Employer, in writing, of such unauthorized use or disclosure. The Employer and DBI agree to act together in good faith to take reasonable steps to investigate and mitigate any harm caused by such unauthorized use or disclosure. 3.6 Appropriate Safemaards. DBI agrees that it will use appropriate safeguards to prevent the use or disclosure of Protected Health Information in any manner not authorized by this Agreement or applicable law. Administrative Services Agreement - October 2003 10.30.03