Common use of Return or Destroy PHI on Termination Clause in Contracts

Return or Destroy PHI on Termination. Survival. At termination of this Addendum, if feasible, Business Associate shall return to KHS or, if agreed to by KHS, destroy all PHI and other confidential information received from, or created or received by Business Associate on behalf of, KHS that Business Associate or its agents or subcontractors still maintains in any form, and shall retain no copies of such information. If KHS elects destruction of PHI and/or other confidential information, Business Associate shall ensure such information is destroyed in accordance with the destruction methods specified in Sections 15.1 and 15.2 below and shall certify in writing to KHS that such information has been destroyed accordingly. If return or destruction is not feasible, Business Associate shall notify KHS of the conditions that make the return or destruction infeasible. Subject to the approval of KHS’s regulator(s) if necessary, if such return or destruction is not feasible, KHS shall determine the terms and conditions under which Business Associate may retain the PHI. Business Associate shall also extend the protections of this Addendum to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible.