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specified in Section C(3)(c)(i) above for the first of the repetitive accountable disclosures, (ii) the frequency, periodicity, or number of the repetitive accountable disclosures, and (iii) the date of the last of the repetitive accountable disclosures. d) Availability of Disclosure Information. Business Associate will maintain the Disclosure Information for at least 6 years following the date of the accountable disclosure to which the Disclosure Information relates. Business Associate will report the Disclosure Information to Covered Entity upon 30 days' written notice. 4. Restriction Requests: Confidential Communications. Business Associate will comply with any agreement that Covered Entity makes that either (i) restricts use or disclosure of Covered Entity's Protected Health Information pursuant to 45 C.F.R. § 164.522(a), or (ii) requires confidential communication about Covered Entity's Protected Health Information pursuant to 45 C.F.R. § 164.522(b), provided that Covered Entity notifies Business Associate in writing of the restriction or confidential communication obligations that Business Associate must follow and furnishes Business Associate a copy of such agreement. Covered Entity will promptly notify Business Associate in writing of the termination of any such restriction agreement or confidential communication requirement and, with respect to termination of any such restriction agreement, instruct Business Associate whether any of Covered Entity's Protected Health Information will remain subject to the terms of the restriction agreement. D. Breach of Privacy Obligations. 1. Reporting. Business Associate will report to Covered Entity any use or disclosure of Covered Entity's Protected Health Information not permitted by this Agreement of which it becomes aware. Business Associate will make the report to Covered Entity's Legal Department not more than 10 days after Business Associate learns of such non -permitted use or disclosure. Business Associate's report will at least: a) Identify the nature of the non -permitted use or disclosure; b) Identify Covered Entity's Protected Health Information used or disclosed; c) Identify who made the non -permitted use or disclosure and who received the non -permitted disclosure; d) Identify what corrective action Business Associate took or will take to prevent further non -permitted uses or disclosures; e) Identify what Business Associate did or will do to mitigate any deleterious effect of the non -permitted use or disclosure; and f) Provide such other information, including a written report, as Covered Entity may reasonably request. 2. Termination of Agreement. a) Right to Terminate for Breach. Covered Entity may terminate Agreement if it determines, in its sole discretion, that Business Associate has breached any material provision of this Agreement and upon written notice to Business Associate of the breach, Business Associate fails to cure the breach within 30 days after receipt of the notice. Covered Entity may exercise this right to terminate Agreement by providing Business Associate written notice of termination, stating the failure to cure the breach of the Agreement that provides the basis for the termination. Any such termination will be effective immediately or at such later date specified in Covered Entity's notice of termination. No disclosure made at the request of Covered Entity, whether or not in violation of this Agreement or 45 C.F.R. Part 164, shall be considered a material breach of this Agreement. b) Right to Terminate on Regulation Change. Either Covered Entity or Business Associate may terminate Agreement if amendment or addition to 45 C.F.R. Parts 160-64 affects the obligations under this Agreement or the party. c) Obligations upon Termination. (i) Procedure When Return or Destruction Is Not Feasible. Business Associate is a Financial Institution; return or destruction of Protected Health Information is not feasible. Business Associate will limit its further use or disclosure of such information to those purposes that make return or destruction of such information infeasible. Business Associate will, with any Subcontractor to which Business Associate discloses Covered Entity's Protected Health Information as permitted by Section A (6) of this Agreement, reasonably require such Subcontractor to limit its further use or disclosure of Covered Entity's Protected Health Information to the extent such Subcontractor cannot feasibly return or destroy to those purposes that make the return or destruction of such information infeasible. A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK