Material Breach Enforcement and Termination. Term This Agreement shall be effective as of the Agreement Effective Date, and shall continue until the Agreement is terminated in accordance with the provisions of Section 4.c. [or the [___] Agreement between the parties terminates]. Covered Entity’s Rights of Access and Inspection From time to time upon reasonable notice, or upon a reasonable determination by Covered Entity that Data User has breached this Agreement, Covered Entity may inspect the facilities, systems, books and records of Data User to monitor compliance with this Agreement. The fact that Covered Entity inspects, or fails to inspect, or has the right to inspect, Data User’s facilities, systems and procedures does not relieve Data User of its responsibility to comply with this Agreement, nor does Covered Entity’s (1) failure to detect or (2) detection of, but failure to notify Data User or require Data User’s remediation of, any unsatisfactory practices constitute acceptance of such practice or a waiver of Covered Entity’s enforcement or termination rights under this Agreement. The parties’ respective rights and obligations under this Section 4.b. shall survive termination of the Agreement. Termination Covered Entity may terminate this Agreement: Immediately if Data User is named as a defendant in a criminal proceeding for a violation of HIPAA or the HIPAA Regulations; Immediately if a finding or stipulation that Data User has violated any standard or requirement of HIPAA, the HIPAA Regulations, or any other security or privacy laws is made in any administrative or civil proceeding in which Data User has been joined; or Pursuant to Section 4(d)(3) of this Agreement. Remedies If Covered Entity determines that Data User has violated a material term of this Agreement, Covered Entity may, at its option, pursue any and all of the following remedies: Exercise any of its rights of access and inspection under Section 4.b. of this Agreement; Take any other reasonable steps that Covered Entity, in its sole discretion, shall deem necessary to cure such breach or end such violation; and/or Terminate this Agreement immediately. Knowledge of Non-Compliance Any non-compliance by Data User with this Agreement or with HIPAA or the HIPAA Regulations automatically will be considered a breach or violation of a material term of this Agreement if Data User knew or reasonably should have known of such non-compliance and failed to immediately take reasonable steps to cure the non-compliance. Reporting to United S...
Material Breach Enforcement and Termination. Agreement between the parties terminates] [or the
Material Breach Enforcement and Termination. This Agreement will terminate on the earliest of the following dates: (a) on thirty (30) days written notice by either party to the other, or (b) five (5) years from the date of the REGENTS execution of this Agreement.
Material Breach Enforcement and Termination
