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This Business Associate Agreement is incorporated by reference into the Terms of Service where Customer is a Covered Entity (as defined below).
The following terms shall have the following meaning when used in this Agreement:
Any capitalized term not specifically defined herein shall have the same meaning as is set forth in 45 C.F.R. Parts 160 and 164, where applicable. The terms "use," "disclose" and "discovery," or derivations thereof, although not capitalized, shall also have the same meanings set forth in HIPAA.
OBLIGATIONS AND ACTIVITIES OF COMPANY:
PERMITTED USES AND DISCLOSURES BY COMPANY:
OBLIGATIONS OF CUSTOMER:
Obligations of Company Upon Termination. Upon termination of the Agreement for any reason, Company shall:
Survival. The obligations of Company under this Section 5 shall survive the termination of the Agreement.
Regulatory References. A reference in this Business Associate Agreement to a section in the HIPAA regulations means the provision as in effect or as amended.
Amendment. The parties agree to take such action as is necessary to amend this Business Associate Agreement from time to time as is necessary for the Customer to comply with the requirements of the HIPAA and any other applicable law.
Interpretation. Any ambiguity in this Business Associate Agreement shall be resolved to permit compliance with HIPAA.
Controlling Provisions. In the event that it is impossible to comply with both the Terms and Conditions and this Business Associate Agreement, the Business Associate Agreement shall control with respect to those provisions of each agreement that expressly conflict.