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Master Contract No. 902012 <br />Procurement Contract No. 24823 <br />Exhibit E <br />Page 6 of 7 <br /> <br /> <br /> <br />C. Return or Destruction of PHI. In the event of termination for any reason, or upon the expiration of the <br />Agreement, Business Associate shall return or, if agreed upon by Covered Entity, destroy all PHI <br />received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. <br />Business Associate shall retain no copies of the PHI. This provision shall apply to PHI that is in the <br />possession of subcontractors or agents of Business Associate. <br /> <br />If Business Associate determines that returning or destroying the PHI is infeasible under this section, <br />Business Associate shall notify Covered Entity of the conditions making return or destruction infeasible. <br />Upon mutual agreement of the parties that return or destruction of PHI is infeasible, Business <br />Associate shall extend the protections of this Exhibit to such PHI and limit further uses and Disclosures <br />to those purposes that make the return or destruction of the information infeasible. <br /> <br />VIII. MISCELLANEOUS <br /> <br />A. Disclaimer. Covered Entity makes no warranty or representation that compliance by Business <br />Associate with this Exhibit, HIPAA, the HIPAA Regulations, or the HITECH Act will be adequate or <br />satisfactory for Business Associate’s own purposes or that any information in Business Associate’s <br />possession or control, or transmitted or received by Business Associate is or will be secure from <br />unauthorized use or Disclosure. Business Associate is solely responsible for all decisions made by <br />Business Associate regarding the safeguarding of PHI. <br /> <br />B. Regulatory References. A reference in this Exhibit to a section in HIPAA, the HIPAA Regulations, or <br />the HITECH Act means the section as in effect or as amended, and for which compliance is required. <br /> <br />C. Amendments. The parties agree to take such action as is necessary to amend this Exhibit from time <br />to time as is necessary for Covered Entity to comply with the requirements of HIPAA, the HIPAA <br />Regulations, and the HITECH Act. <br /> <br />D. Survival. The respective rights and obligations of Business Associate with respect to PHI in the <br />event of termination, cancellation or expiration of this Exhibit shall survive said termination, <br />cancellation or expiration, and shall continue to bind Business Associate, its agents, employees, <br />contractors and successors. <br /> <br />E. No Third Party Beneficiaries. Except as expressly provided herein or expressly stated in the HIPAA <br />Regulations, the parties to this Exhibit do not intend to create any rights in any third parties. <br /> <br />F. Governing Law. The provisions of this Exhibit are intended to establish the minimum requirements <br />regarding Business Associate’s use and Disclosure of PHI under HIPAA, the HIPAA Regulations and <br />the HITECH Act. The use and Disclosure of individually identified health information is also covered <br />by applicable California law, including but not limited to the Confidentiality of Medical Information <br />Act (California Civil Code section 56 et seq.). To the extent that California law is more stringent with <br />respect to the protection of such information, applicable California law shall govern Business <br />Associate’s use and Disclosure of confidential information related to the performance of this <br />Exhibit.