Enforceability of Privacy Requirements. Any requirement imposed on Subcontractor in Section 3 of this Agreement shall not apply in the event a court of competent jurisdiction determines, in response to a challenge raised by Plan Sponsor, Customer or Business Associate, that the Privacy Rule or Security Rule provision requiring the inclusion of the requirement in this Agreement is unenforceable, invalid, or otherwise inapplicable to the relationship between Subcontractor and Customer or to the action that the Secretary may request of Subcontractor or Customer.
Enforceability of Privacy Requirements. Any requirement imposed on Subcontractor in Section 3 of this BAA shall not apply in the event a court of competent jurisdiction determines, in response to a challenge raised by Plan Sponsor, Customer or Business Associate, that the Privacy Rule or Security Rule provision requiring the inclusion of the requirement in this BAA is unenforceable, invalid, or otherwise inapplicable to the relationship between Subcontractor and Customer or to the action that the Secretary may request of Subcontractor or Customer.
