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(1) any new cost incurred by the COUNTY in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by COUNTY to enforce its rights herein. ARTICLE 18—AGENCY REQUIREMENTS A. Agency agrees to: (1) Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law; (2) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by the Agreement; (3) Report to COUNTY any use or disclosure of protected health information not provided for by the Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware; (4) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the AGENCY agree to the same restrictions, conditions, and requirements that apply to the AGENCY with respect to such information; (5) Make available protected health information in a designated record sent to the COUNTY, as necessary to satisfy COUNTY's obligations under 45 CFR 164.524; (6) Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the COUNTY pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy COUNTY's obligations under 45 CFR 164.526; (7) Maintain and make available the information required to provide an accounting of disclosures to the COUNTY, as necessary to satisfy COUNTY's obligations under 45 CFR 164.528; (8) To the extent the AGENCY is to carry out one or more of COUNTY's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the COUNTY in the performance of such obligation(s); and (9) Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules. B. Permitted Uses and Disclosures by AGENCY (1) AGENCY may only use or disclose protected health information as necessary to perform the services set forth in Agreement.