Common use of Mitigation of Harm Clause in Contracts

Mitigation of Harm. In the event of a Breach of Unsecured PHI, Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement or the Underlying Agreement, such as promptly obtaining assurance from the recipient that the information will not be further used or disclosed in a confidentiality agreement or will be destroyed.

Appears in 2 contracts

Samples: Service Agreement, Business Associate Agreement

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Mitigation of Harm. In the event of a Breach of Unsecured PHI, Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement or the Underlying Agreement, such as promptly obtaining assurance from the recipient that the information will not be further used Privacy Rule or disclosed in a confidentiality agreement or will be destroyedSecurity Rule.

Appears in 2 contracts

Samples: Business Associate Agreement, Business Associate Agreement

Mitigation of Harm. In the event of a Breach of Unsecured PHI, Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use Use or disclosure Disclosure of PHI by Business Associate in violation of the requirements of this Agreement or the Underlying Agreement, such as a Security Incident, or a Breach of Unsecured PHI. Such mitigation may include, without limitation, promptly obtaining assurance from the recipient that the information will not be further used Used or disclosed Disclosed in a confidentiality agreement or that the information will be destroyed.

Appears in 2 contracts

Samples: Administrative Support Agreement, Business Associate Agreement

Mitigation of Harm. In the event of a Breach of Unsecured PHI, Business Associate agrees to shall mitigate, to the extent practicablepractical, any harmful effect that is known to Business Associate of a use or and/or disclosure of PHI by the Business Associate Associate, and any of its agents or subcontractors, in violation of the requirements of this Agreement or the Underlying Agreement, such as promptly obtaining assurance from the recipient that the information will not be further used or disclosed in a confidentiality agreement or will be destroyed.

Appears in 2 contracts

Samples: Business Associate Agreement, Business Associate Agreement

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Mitigation of Harm. In the event of a Breach of Unsecured PHI, Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement or the Underlying Agreement, such as promptly obtaining assurance from the recipient that the information will not be further used or disclosed in a confidentiality agreement or will be destroyed.

Appears in 1 contract

Samples: Business Associate Agreement

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