Common use of HITECH Clause in Contracts

HITECH. Business Associate acknowledges and understands that HITECH (including the rules and regulations promulgated thereunder) imposes direct responsibility on Business Associate for its conduct as a business associate and that Business Associate is subject to direct liability for both civil and criminal penalties for its violations of the Regulations and may be subject to direct liability for both civil and criminal penalties for the violations of its Subcontractors. Any limitation of liability in the Underlying Agreement shall not apply to damages hereunder. Each party agrees to indemnify and hold harmless the other party and the other party’s directors, officers, agents and employees, from and against any and all penalties, claims, actions, liability, loss, damages or expense (including court costs and reasonable attorneys’ fees) arising out of the indemnifying party’s act or failure to act resulting in damages relating to the unauthorized access to, or the disclosure, loss, destruction or use of PHI, or other violation of this Agreement.

HITECH. Business Associate Subcontractor acknowledges and understands that HITECH (including the rules and regulations promulgated thereunder) imposes direct responsibility on Business Associate Subcontractor for its conduct as a business associate and that Business Associate Subcontractor is subject to direct liability for both civil and criminal penalties for its violations of the Regulations and may be subject to direct liability for both civil and criminal penalties for the violations of its Subcontractors. Any limitation of liability in the Underlying Agreement shall not apply to damages hereunder. Each party agrees to indemnify and hold harmless the other party and the other party’s directors, officers, agents and employees, from and against any and all penalties, claims, actions, liability, loss, damages or expense (including court costs and reasonable attorneys’ fees) arising out of the indemnifying party’s act or failure to act resulting in damages relating to the unauthorized access to, or the disclosure, loss, destruction or use of PHI, or other violation of this Agreement.