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VII. 6.3 Effect of Termination. 6.3.1 It is agreed that due to the manner in which Protected Health Information is retained and the retention requirements of the Internal Revenue Service, returning or destroying all of the Protected Health Information received from Covered Entity or created or received by Flex-Plan on behalf of Covered Entity, is infeasible. Therefore, Flex-Plan shall extend the protections of this Agreement to such Protected Health Information, and shall limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Flex-Plan maintains such Protected Health Information. 7.1 Miscellaneous 7.2 7.3 7.4 Regulatory References. A reference in this Agreement to a section in the Privacy Rule means the section as in effect or as amended. Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as may be necessary for Covered Entity to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. Survival. The respective rights and obligations of Flex-Plan under Section 6.3.1 of this Agreement shall survive the termination of the term of this Agreement. Nothing expressed or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the Parties and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the date first stated above. ::X-Plií(i~ Title: Privacy Officer Date: Matt Aitken January 1, 2006 Covered Entity: City of Redwood City By: CJ,( t?L Title: ¡((ÇS ¡: C1ïY /¿t~NrW:~ r'C Date: /Z ~ ¿.\..)- c2S 1421823.3 4 -,---