Procedure When Return or Destruction Is Not Feasible Sample Clauses
The "Procedure When Return or Destruction Is Not Feasible" clause outlines the steps parties must take when confidential information cannot be returned or destroyed at the end of a contract or upon request. Typically, this clause requires the recipient to continue protecting the information according to the agreement's confidentiality terms, even if physical or electronic return or deletion is impractical—such as when data is stored in backup systems or required by law to be retained. Its core function is to ensure ongoing protection of sensitive information in situations where standard return or destruction procedures cannot be fully carried out, thereby mitigating the risk of unauthorized disclosure.
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Procedure When Return or Destruction Is Not Feasible. BUSINESS ASSOCIATE will identify any of COMPANY’s Protected Health Information, including any that BUSINESS ASSOCIATE has disclosed to subcontractors or agents as permitted by Section 1.5 of this Addendum, that cannot feasibly be returned to COMPANY or destroyed and explain why return or destruction is infeasible. Where COMPANY agrees that such return or destruction is infeasible, BUSINESS ASSOCIATE will limit its further use or disclosure of such information to those purposes that make return or destruction of such information infeasible. If COMPANY does not agree, subparagraph I above shall apply. BUSINESS ASSOCIATE will, by its written contract with any subcontractor or agent to which BUSINESS ASSOCIATE discloses COMPANY’s Protected Health Information as permitted by Section 1.5 of this Addendum, require such subcontractor or agent to limit its further use or disclosure of COMPANY’s Protected Health Information that such subcontractor or agent cannot feasibly return or destroy to those purposes that make the return or destruction of such information infeasible. BUSINESS ASSOCIATE will complete these obligations as promptly as possible, but not later than 45 days following the effective date of the termination or other conclusion of Agreement.
Procedure When Return or Destruction Is Not Feasible. The Business Associate will identify any of the Covered Entity’s Protected Health Information, including any that the Business Associate has disclosed to subcontractors or agents as permitted under this Agreement, that cannot feasibly be returned to the Covered Entity or destroyed and explain why return or destruction is infeasible. The Business Associate will limit its further use or disclosure of such information to those purposes that make return or destruction of such information infeasible. The Business Associate will complete these obligations as promptly as possible, but not later than thirty (30) calendar days following the effective date of the termination or other conclusion of this Agreement.
Procedure When Return or Destruction Is Not Feasible. Business Associate will identify any Protected Health Information, including any Protected Health Information that Business Associate has disclosed to Subcontractors, that cannot feasibly be returned to Covered Entity or destroyed and explain why return or destruction is infeasible. Business Associate will limit its further use or disclosure of such information to those purposes that make return or destruction of such information infeasible. Business Associate will complete these obligations as promptly as possible, but not later than sixty (60) calendar days following the effective date of the termination or other conclusion of Agreement.
Procedure When Return or Destruction Is Not Feasible. BlueCross will identify any of GHP’s Protected Health Information, including any that BlueCross has disclosed to subcontractors or agents as permitted by Section 1(e) of this HIPAA Agreement, that cannot feasibly be returned to GHP or destroyed and explain why return or destruction is infeasible. Where GHP agrees that such return or destruction is infeasible, BlueCross will limit its further use or disclosure of such information to those purposes that make return or destruction of such information infeasible. If GHP does not agree, subparagraph A above shall apply. BlueCross will require such subcontractor or agent to limit its further use or disclosure of GHP’s Protected Health Information that such subcontractor or agent cannot feasibly return or destroy to those purposes that make the return or destruction of such information infeasible. BlueCross will complete these obligations as promptly as possible, but not later than Sixty (60) days following the effective date of the termination or other conclusion of Agreement.
Procedure When Return or Destruction Is Not Feasible. Upon request of Participant, Business Associate will identify any of Participant’s Protected Health Information, including any that Business Associate has disclosed to subcontractors or agents as permitted by Section 1(e) of this BAA, that cannot feasibly be returned to Participant or destroyed and explain why return or destruction is infeasible. Business Associate will limit its further use or disclosure of such information to those purposes that make return or destruction of such information infeasible.
Procedure When Return or Destruction Is Not Feasible. The Business Associate will identify any of the
Procedure When Return or Destruction Is Not Feasible. Business Associate will identify any of Health Plan’s Protected Health Information, including any that Business Associate has disclosed to subcontractors or agents as permitted by Section 1(e) of this Agreement, that cannot feasibly be returned to Health Plan or destroyed and explain why return or destruction is infeasible. Business Associate will limit its further use or disclosure of such information to those purposes that make return or destruction of such information infeasible. Business Associate will require such subcontractor or agent to limit its further use or disclosure of Health Plan’s Protected Health Information that such subcontractor or agent cannot feasibly return or destroy to those purposes that make the return or destruction of such information infeasible. Business Associate will complete these obligations as promptly as possible, but not later than 120 calendar days following the effective date of the termination or other conclusion of Agreement. The Health Plan agrees that return or destruction of the records is not feasible due to ERISA and other legal and administrative issues and that Business Associate will maintain the records indefinitely, provided, however, that Business Associate will continue to hold them subject to all applicable legal requirements
Procedure When Return or Destruction Is Not Feasible. Business Associate will identify any Protected Health Information, including any Protected Health Information that Business Associate has disclosed to Subcontractors, that cannot feasibly be returned to Covered Entity or destroyed and explain why return or destruction is infeasible. Business Associate will limit its further use or disclosure of such information to those purposes that make return or destruction of such information infeasible. Business Associate will, by its written contract with any Subcontractor, require such Subcontractor to limit its further use or disclosure of the Protected Health Information that such Subcontractor cannot feasibly return or destroy to those purposes that make the return or destruction of such information infeasible. Business Associate will complete these obligations as promptly as possible, but not later than thirty (30) calendar days following the effective date of the termination or other conclusion of this BAA.
Procedure When Return or Destruction Is Not Feasible. Vendor shall
(a) identify any of BlueCross’s PHI, including any that Vendor has disclosed to subcontractors or agents, that Vendor believes in good faith cannot feasibly be returned to BlueCross or destroyed, and (b) explain why return or destruction is infeasible. Where BlueCross agrees that such return or destruction is infeasible, Vendor shall extend the protections of this BAA to the BlueCross’s PHI and shall limit its further use or disclosure to those purposes that make return or destruction of such information infeasible. If BlueCross does not agree with Vendor’s assessment, Section 5(c)(i) shall apply. Vendor shall, by its written contract with any subcontractor or agent to which Vendor discloses BlueCross’s PHI, require such subcontractor or agent to limit its further use or disclosure of BlueCross’s PHI that such subcontractor or agent cannot feasibly return or destroy to those purposes that make the return or destruction of such information infeasible. Vendor shall complete these obligations as promptly as possible, but not later than fifteen (15) calendar days following the effective date of the termination or other conclusion of the BAA.
Procedure When Return or Destruction Is Not Feasible. Business Associate will identify any of the Company’s Protected Health Information, including any that Business Associate has disclosed to Subcontractors as permitted by Section 2(e) (Subcontractors) of this Agreement, that cannot feasibly be returned to the Company or destroyed and explain to the Company’s satisfaction why return or destruction is infeasible. Business Associate will limit its further use or disclosure of such information to those purposes that make return or destruction of such information infeasible. Business Associate will, by its written contract with any Subcontractor to which Business Associate discloses the Company’s Protected Health Information as permitted by Section 2(e) (Subcontractors) of this Agreement, require such Subcontractor to limit its further use or disclosure of the Company’s Protected Health Information that such Subcontractor cannot feasibly return or destroy to those purposes that make the return or destruction of such information infeasible. Business Associate will complete these obligations as promptly as reasonably possible, but not later than thirty (30) days following the effective date of the termination or other conclusion of the Agreement.