Common use of Notice of Breach of this CAP and Intent to Impose CMP Clause in Contracts

Notice of Breach of this CAP and Intent to Impose CMP. The Parties agree that a breach of this CAP by a FMCNA Covered Entity constitutes a breach of the Agreement by that FMCNA Covered Entity. Upon a determination by HHS that any FMCNA Covered Entity has breached this CAP, HHS may notify FMCNA Contact of: (1) the FMCNA Covered Entity’s breach; and (2) HHS’ intent to impose a CMP pursuant to 45 C.F.R. Part 160, for the Covered Conduct set forth in paragraph I.2 of the Agreement and any other conduct that constitutes a violation of the HIPAA Privacy, Security, or Breach Notification Rules (“Notice of Breach and Intent to Impose CMP”).

Notice of Breach of this CAP and Intent to Impose CMP. The Parties agree that a breach of this CAP by a FMCNA the Covered Entity constitutes a breach of the Agreement by that FMCNA Covered EntityAgreement. Upon a determination by HHS that any FMCNA the Covered Entity has breached this CAP, HHS may notify FMCNA the Covered Entity Contact of: (1) the FMCNA Covered Entity’s breach; and (2) HHS’ intent to impose a CMP pursuant to 45 C.F.R. Part 160, for the Covered Conduct set forth in paragraph I.2 of the Agreement and any other conduct that constitutes a violation of the HIPAA Privacy, Security, or Breach Notification Rules (“Notice of Breach and Intent to Impose CMP”).