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cooperate with Client and Gehring Group to provide an Individual with an electronic copy of such individual's PHI if the PHI is maintained by Service Provider in an electronic health record and the individual requests an electronic copy of his or her PHI, and (ii) comply with, and cooperate with Client and Gehring Group to facilitate Client's and Gehring Group's compliance with its obligations regarding electronic health records pursuant to Section 13405(e)(1) of the HITECH Act and any regulations HHS may promulgate thereunder. (b) Non -Disclosure for Out -of -Pocket Services. As applicable, Service Provider will (i) abide by any directive from Client and Gehring Group not to disclose PHI in connection with an item or service for which an individual has paid out-of-pocket, in full, and (ii) cooperate with Client and Gehring Group to facilitate Client's and Gehring Group's compliance with its obligations not to disclose certain PHI in accordance with Section 13405(a) of the HITECH Act and any regulations HHS may promulgate thereunder. (c) Prohibition on Sale of PHI. Service Provider will not sell PHI or receive any direct or indirect remuneration in exchange for PHI, except as expressly permitted by this Agreement and the Service Provider Agreement. (d) Prohibition on Marketing. Service Provider will not transmit, to any individual for whom Service Provider has PHI, any communication about a product or service that encourages the recipient of the communication to purchase or use that product or service unless permitted to do so under the HITECH Act. ARTICLE III MISCELLANEOUS 3.1 Applicability. This Agreement shall be applicable to PHI received by Service Provider from Gehring Group or created or received by Service Provider from Client on behalf of Gehring Group. 3.2 Amendments. The Parties acknowledge that state and federal laws relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide for procedures to ensure compliance with such developments. The Parties specifically agree to take such action as is necessary to implement the standards and requirements of HIPAA and other applicable laws relating to the security or confidentiality of PHI. 3.3 No Third Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than Client, Gehring Group, Service Provider and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. 3.4 Conflicts. The terms and conditions of this Agreement will override and control any conflicting term or condition of any other agreements that may be in place between the Parties; provided, however, that the Business Associate Agreements between Client and Service Provider and Client and Gehring Group shall supersede this Agreement with respect to the 5 17670672v.2 83