Common use of Effect of Breach of Obligations Clause in Contracts

Effect of Breach of Obligations. (a) If Subcontractor breaches any of its obligations under this Agreement, said breach shall also be considered a breach of its obligations under any other agreements between the Parties hereto. In the event of a breach of this Agreement by Subcontractor , Business Associate shall have the option to do the following: (i) Provide Subcontractor an opportunity to cure the breach, to the extent curable, and end the violation within a reasonable time specified by Business Associate. If Subcontractor does not cure the breach or end the violation as and within the time specified by Business Associate, or if the breach is not curable, Business Associate may terminate its obligations to Subcontractor , including, but not limited to, its future payment obligations and obligations to provide information, materials, equipment or resources to Subcontractor ; or (ii) Immediately terminate this Agreement and any other agreements between the Parties, if Business Associate reasonably determines that Subcontractor (i) has acted with gross negligence in performing its obligations; (ii) is in violation of the law; (iii) willfully has violated or is violating the privacy and security provisions of this Agreement; (iv) is unable to provide, if requested, written assurances to Business Associate of its ability to protect the confidentiality and security of PHI; or (v) is unable to comply with its obligations under this Agreement. Such termination of this Agreement and any other agreements between the Parties shall be without prejudice to other legal remedies available to Business Associate. (b) Business Associate may also report the violation to the Secretary, and shall report the violation if neither termination nor cure is feasible.

Effect of Breach of Obligations. (a) 4.1. If Subcontractor breaches violates or any way fails to comply with any of its obligations under this Agreement, said breach violation shall also be considered a breach violation of its obligations under any other agreements between the Parties hereto. In the event of a breach of this Agreement by Subcontractor Subcontractor, Business Associate shall have the option to do the following: (i) 4.1.1. Provide Subcontractor an opportunity to cure the breachviolation, to the extent curable, and end the violation within a reasonable time specified by Business Associate. If Subcontractor does not cure the breach violation or end the violation as and within the time specified by Business Associate, or if the breach violation is not curable, Business Associate may terminate its obligations to Subcontractor Subcontractor, including, but not limited to, its future payment obligations and obligations to provide information, materials, equipment or resources to Subcontractor Subcontractor; or (ii) 4.1.2. Immediately terminate this Agreement and any other agreements between the Parties, if Business Associate reasonably determines that Subcontractor Subcontractor (i) has acted with gross negligence in performing its obligations; (ii) is in violation of the law; (iii) willfully has violated or is violating the privacy and security provisions of this Agreement; (iv) is unable to provide, if requested, written assurances to Business Associate of its ability to protect the confidentiality and security of PHI; or (v) is unable to comply with its obligations under this Agreement. Such termination of this Agreement and any other agreements between the Parties shall be without prejudice to other legal remedies available to Business Associate. (b) 4.2. Business Associate may also report the violation to the SecretarySecretary and Covered Entity, and shall report the violation if neither termination nor cure is feasible.