Breach excludes Sample Clauses

Breach excludes. 11 1) Any unintentional acquisition, access, or use of PHI by a workforce member or 12 person acting under the authority of CONTRACTOR or COUNTY, if such acquisition, access, or use 13 was made in good faith and within the scope of authority and does not result in further use or disclosure 14 in a manner not permitted under the Privacy Rule.
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Breach excludes i. Any unintentional acquisition, access, or use of PHI by a workforce member or person acting under the authority of Contractor or County, if such acquisition, access, or use was made in good faith and within the scope of authority and does not result in further use or disclosure in a manner not permitted under the Privacy Rule.
Breach excludes. 1) Any unintentional acquisition, access, or use of Protected Health Information by a workforce member or person acting under the authority of a covered entity or a business associate, if such acquisition, access, or use was made in good faith and within the scope of authority and does not result in further use or disclosure in a manner not permitted under the Privacy Rule.
Breach excludes. 36 1) Any unintentional acquisition, access, or use of Protected Health Information by a 37 workforce member or person acting under the authority of a covered entity or a business associate, if 1 such acquisition, access, or use was made in good faith and within the scope of authority and does not 2 result in further use or disclosure in a manner not permitted under the Privacy Rule.
Breach excludes. 14 i.1) Any unintentional acquisition, access, or use of PHI by a workforce member or 15 person acting under the authority of CONTRACTOR or COUNTY , if such acquisition, access, or use 16 was made in good faith and within the scope of authority and does not result in further use or disclosure 17 in a manner not permitted under the Privacy Rule. 18 ii.2)Any inadvertent disclosure by a person who is authorized to access PHI at 19 CONTRACTOR to another person authorized to access PHI at the CONTRACTOR, or organized health 20 care arrangement in which COUNTY participates, and the information received as a result of such 21 disclosure is not further used or disclosed in a manner not permitted under the HIPAA Privacy Rule. 22 iii.3) A disclosure of PHI where CONTRACTOR or COUNTY has a good faith 23 belief that an unauthorized person to whom the disclosure was made would not reasonably have been 24 able to retainsretain such information.
Breach excludes. 1) Any unintentional acquisition, access, or use of PHI by a workforce member or person acting under the authority of CONTRACTOR or COUNTY , if such acquisition, access, or use was made in good faith and within the scope of authority and does not result in further use or disclosure 22 33 44 55 66 77 88 99 1010 111 1212 1313 1414 1515 1616 1717 1818 1919 2020 2121 222 2323 2424 2525 2626 2727 2828 2929 3030 3131 3232 333 3434 3535 3636 3737 in a manner not permitted under the Privacy Rule.
Breach excludes. 23 (a) Any unintentional acquisition, access or use of PHI by a workforce member or person 24 acting under the authority of a covered entity or business associate, if such acquisition, 25 access or use was made in good faith and within the scope of authority and does not 26 result in further use or disclosure in a manner not permitted under subpart E of the 27 Privacy Rule.
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Related to Breach excludes

  • Notice of Material Breach and Intent to Exclude The parties agree that a material breach of this CIA by Post Acute Medical constitutes an independent basis for Post Acute Medical’s exclusion from participation in the Federal health care programs. The length of the exclusion shall be in the OIG’s discretion, but not more than five years per material breach. Upon a determination by OIG that Post Acute Medical has materially breached this CIA and that exclusion is the appropriate remedy, OIG shall notify Post Acute Medical of: (a) Post Acute Medical’s material breach; and (b) OIG’s intent to exercise its contractual right to impose exclusion. (This notification shall be referred to as the “Notice of Material Breach and Intent to Exclude.”)

  • Sole and Exclusive Remedy Except in the event of fraud or any Willful Breach of any representation, warranty or covenant or agreement contained herein, if this Agreement is validly terminated pursuant to Section 8.1, Parent’s receipt of the Termination Fee to the extent owed pursuant to Section 8.3(b) and any amounts owed pursuant to Section 8.3(d), and Parent’s right to seek specific performance pursuant to Section 9.10 (subject to the limitations set forth in Section 9.10), will be the sole and exclusive remedies of Parent and Merger Sub against (A) the Company and its Subsidiaries; and (B) the former, current and future holders of any equity, controlling persons, Representatives, Affiliates, members, managers, general or limited partners, stockholders, directors, officers, employees, agents, attorneys and assignees of each of the Company, its Subsidiaries and each of their respective Affiliates and former, current and future holders of any equity, controlling persons, Representatives, Affiliates, members, managers, general or limited partners, stockholders, directors, officers, employees, agents, attorneys and assignees of each of the foregoing (the Persons in clauses (A) and (B) collectively, the “Company Related Parties”) in respect of this Agreement and the Transactions. Except in the event of fraud or any Willful Breach of any representation, warranty or covenant or agreement contained herein, upon payment of the Termination Fee to Parent or its designee, none of the Company Related Parties will have any further monetary liability or obligation to (A) Parent or Merger Sub; or (B) the former, current and future direct or indirect holders of any equity, controlling persons, Representatives, Affiliates (other than Parent or Merger Sub), members, managers, general or limited partners, stockholders and assignees of each of Parent and Merger Sub (the Persons in clauses (A) and (B) collectively, the “Parent Related Parties”) relating to or arising out of this Agreement or the Transactions (except that the Company and its Subsidiaries (or their Affiliates) will remain obligated with respect to, and Parent and Merger Sub may be entitled to remedies with respect to, the Confidentiality Agreement, Section 8.3(a) (with respect to the expenses of the Company) and Section 8.3(d), as applicable.

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