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<br />Permissible Requests by County <br /> <br />County shall not request Contractor to use or disclose Protected Health Information in <br />any manner that would not be permissible under the Privacy Rule if done by County, unless the <br />Contractor will use or disclose Protected Health Information for, and if the Agreement provides <br />for, data aggregation or management and administrative activities of Contractor. <br /> <br />Duties Upon Termination of Agreement <br /> <br />a. Upon termination of the Agreement, for any reason, Contractor shall return or <br />destroy all Protected Health Information received from County, or created or <br />received by Contractor on behalf of County. This provision shall apply to Protected <br />Health Information that is in the possession of subcontractors or agents of <br />Contractor. Contractor shall retain no copies of the Protected Health Information. <br />b. In the event that Contractor determines that returning or destroying Protected Health <br />Information is infeasible, Contractor shall provide to County notification of the <br />conditions that make return or destruction infeasible. Upon mutual agreement of <br />the Parties that return or destruction of Protected Health Information is infeasible, <br />Contractor shall extend the protections of the Agreement to such Protected Health <br />Information and limit further uses and disclosures of such Protected Health <br />Information to those purposes that make the return or destruction infeasible, for so <br />long as Contractor maintains such Protection Health Information. <br /> <br />Miscellaneous <br /> <br />a. Regulatory References. A reference in this Schedule to a section in the Privacy <br />Rule means the section as in effect or as amended, and for which compliance is <br />required. <br />b. Amendment. The Parties agree to take such action as is necessary to amend this <br />Schedule from time to time as is necessary for County to comply with the <br />requirements of the Privacy Rule and the Health Insurance Portability and <br />Accountability Act, Public Law 104-191. <br />c. Survival. The respective rights and obligations of Contractor under this Schedule <br />shall survive the termination of the Agreement. <br />d. Interpretation. Any ambiguity in this Schedule shall be resolved in favor of a <br />meaning that permits County to comply with the Privacy Rule. <br />e. Reservation of Right to Monitor Activities. County reserves the right to monitor the <br />security policies and procedures of Contractor <br /> <br />- 4- <br />