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G. Disclosure to Employer <br />Administrator will not disclose any Protected Health Information to Employer, except as <br />permitted by and in accordance with PART 3 below. <br />H. Resorting Non -Permitted Use or Disclosure and Security Incidents <br />1. Privacy Breach <br />Administrator will report to GHP within ten (10) calendar days any use or <br />disclosure of Protected Health Information of which Administrator becomes <br />aware that is not permitted by this Addendum and that constitutes a Breach of <br />Unsecured PHI. GHP hereby delegates to Administrator (i) the responsibility for <br />determining whether any use or disclosure of Protected Health Information under <br />this Addendum constitutes a Breach of Unsecured PHI, and (ii) the <br />implementation of notification and reporting obligations associated with a Breach <br />of Unsecured PHI in accordance with relevant legal requirements. Administrator <br />will reasonably cooperate with GHP in GHP's performance of investigation or <br />assessments necessary to determine whether a Breach of Unsecured PHI has <br />occurred. <br />2. Security Incidents <br />Administrator will report to GHP within ten (10) calendar days any incident of <br />which Administrator becomes aware that is (a) a successful unauthorized access, <br />use or disclosure of Electronic Protected Health Information; or (b) a successful <br />major (i) modification or destruction of Electronic Protected Health Information or <br />(ii) interference with system operations in an Information System containing <br />Electronic Protected Health Information. Upon GHP's request, Administrator will <br />report any incident of which Administrator becomes aware that is a successful <br />minor (a) modification or destruction of Electronic Protected Health Information or <br />(b) interference with system operations in an Information System containing <br />Electronic Protected Health Information. <br />I. Duty to Mitigate <br />Administrator will mitigate to the extent reasonably practicable any harmful effect of <br />which Administrator is aware that is caused by any use or disclosure of Protected Health <br />Information in violation of this Addendum. <br />J. Termination of Addendum <br />GHP will have the right to terminate the Agreement and this Addendum if Administrator <br />has engaged in a pattern of activity or practice that constitutes a material breach or <br />violation of Administrator's obligations regarding Protected Health Information under <br />this Addendum and, on notice of such material breach or violation from GHP, fails to <br />take reasonable steps to cure the breach or end the violation. If Administrator fails to <br />cure the material breach or end the violation within 30 days after receipt of GHP's notice, <br />GHP may terminate the Agreement and this Addendum by providing Administrator <br />written notice of termination, stating the uncured material breach or violation that <br />provides the basis for the termination and specifying the effective date of the termination. <br />43 <br />