Effect of Breach of Obligations. (a) Should Business Associate breach any of its obligations herein, Covered Entity will have the option to do any of the following: (i) Provide Business Associate an opportunity to cure the breach, to the extent curable, and end the violation within a reasonable time specified by Covered Entity. If Business Associate does not cure the breach or end the violation as specified by Covered Entity, or if the breach is not curable, Covered Entity may terminate its obligations to Business Associate, including, but not limited to, its future payment obligations and obligations to provide information, materials, equipment or resources to Business Associate; or (ii) Immediately terminate the Agreement, if Covered Entity reasonably determines that Business Associate (i) has acted with gross negligence in performing its obligations herein; (ii) is in violation of the law; (iii) willfully violates the privacy and security provisions of this Exhibit; or (iv) is unable to provide, if requested, written assurances to Covered Entity of its ability to protect the confidentiality and security of the Facility Data, Such termination of the Agreement shall be without prejudice to other legal remedies available to Covered Entity. (b) Covered Entity may also report the violation to the Secretary.
Appears in 1 contract
Sources: Facilities and Management Services Agreement (Radiation Therapy Services Holdings, Inc.)
Effect of Breach of Obligations. (a) Should Business Associate breach any of its obligations herein, Covered Entity will have the option to do any of the following:
(i) Provide Business Associate an opportunity to cure the breach, to the extent curable, and end the violation within a reasonable time specified by Covered Entity. If Business Associate does not cure the breach or end the violation as specified by Covered Entity, or if the breach is not curable, Covered Entity may terminate its obligations to Business Associate, including, but not limited to, its future payment obligations and obligations to provide information, materials, equipment or resources to Business Associate; or
(ii) Immediately terminate the Agreement, if Covered Entity reasonably determines that Business Associate (i) has acted with gross negligence in performing its obligations herein; (ii) is in violation of the law; (iii) willfully violates the privacy and security provisions of this Exhibit; or (iv) is unable to provide, if requested, written assurances to Covered Entity of its ability to protect the confidentiality and security of the Facility Data, . Such termination of the Agreement shall be without prejudice to other legal remedies available to Covered Entity.
(b) Covered Entity may also report the violation to the Secretary.
Appears in 1 contract
Sources: Facilities and Management Services Agreement (Radiation Therapy Services Holdings, Inc.)