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Information or (b) interference with system operations in an Information System containing Electronic Protected Health Information . L Duty to Mitigate Administrator will mitigate to the extent practicable any harmful effect of which Administrator is aware that is caused by any use or disclosure of Protected Health Information in violation of this Addendum . J. Termination of Addendum GHP will have the right to terminate the Agreement and this Addendum if Administrator has engaged in a pattern of activity or practice that constitutes a material breach or violation of Administrator' s obligations regarding Protected Health Information under this Addendum and, on notice of such material breach or violation from GHP, fails to take reasonable steps to cure the breach or end the violation. If Administrator fails to cure the material breach or end the violation within 90 days after receipt of GHP ' s notice, GHP may terminate the Agreement and this Addendum by providing Administrator written notice of termination, stating the uncured material breach or violation that provides the basis for the termination and specifying the effective date of the termination. K. Disposition of Protected Health Information 1 . Return or Destruction Feasible Upon termination of the Addendum, Administrator will , if feasible, return to GHP or destroy, all Protected Health Information in Administrator' s custody or control (or in the custody or control of any subcontractor or agent to which Administrator disclosed Protected Health Information) . Administrator will complete such return or destruction as promptly as practical after termination of the Addendum. 2 . Return or Destruction Not Feasible Administrator will identify for GHP any Protected Health Information that Administrator (or any subcontractor or agent to which Administrator disclosed Protected Health Information) cannot feasibly return to GHP or destroy upon termination of the Addendum and will describe the purposes that make the return to GHP or destruction infeasible. Administrator will limit its (and, by its written contract pursuant to Section III . F . above, any subcontractor' s or agent ' s) further use or disclosure of Protected Health Information after termination of the Addendum to the purposes that make return to GHP or destruction infeasible and to those uses or disclosures Required by Law . 3 . Ongoing Privacy and Security Obligations Administrator ' s obligations to preserve the privacy and safeguard the security of Protected Health Information as specified in this Addendum will survive termination or other conclusion of the Agreement and this Addendum . 6 HIPAA\BA Amend to ASO Agmt - fini August 12, 2004