Return of PHI upon Termination. Upon termination of the Agreement for any reason, Supplier shall return to Spinco all PHI received from Spinco or created or received by Supplier on behalf of Spinco and which Supplier still maintains in any form. Prior to doing so, Supplier further agrees to recover any PHI in the possession of its subcontractors or agents. Supplier shall not retain any copies of such PHI. If it is not feasible to return such PHI as determined by Spinco, Supplier agrees to extend any and all protections, limitations, and restrictions in this Section 4.7 to Supplier’s use and disclosure of any PHI retained after the termination of the Agreement, and to limit any further uses and disclosures to the purpose or purposes that make the return of PHI infeasible. If it is not feasible for Supplier to obtain from a subcontractor or agent any PHI in the possession of the subcontractor or agent, Supplier will require the subcontractor and/or agent to agree to extend any and all protections, limitations, and restrictions in this Section 4.7 to the subcontractors’ and/or agents’ use and disclosure of any PHI retained after the termination of the Agreement, and to limit any further uses and disclosures to the purposes that make the return of the PHI infeasible.
Appears in 2 contracts
Sources: Employee Matters Agreement (Pharmacopeia Drug Discovery Inc), Employee Matters Agreement (Pharmacopeia Inc)
Return of PHI upon Termination. Upon termination of the Agreement for any reason, Supplier shall return to Spinco all PHI received from Spinco or created or received by Supplier on behalf of Spinco and which Supplier still maintains in any form. Prior to doing so, Supplier further agrees to recover any PHI in the possession of its subcontractors or agents. Supplier shall not retain any copies of such PHI. If it is not feasible to return such PHI as determined by Spinco, Supplier agrees to extend any and all protections, limitations, and restrictions in this Section 4.7 to Supplier’s 's use and disclosure of any PHI retained after the termination of the Agreement, and to limit any further uses and disclosures to the purpose or purposes that make the return of PHI infeasible. If it is not feasible for Supplier to obtain from a subcontractor or agent any PHI in the possession of the subcontractor or agent, Supplier will require the subcontractor and/or agent to agree to extend any and all protections, limitations, and restrictions in this Section 4.7 to the subcontractors’ ' and/or agents’ ' use and disclosure of any PHI retained after the termination of the Agreement, and to limit any further uses and disclosures to the purposes that make the return of the PHI infeasible.
Appears in 1 contract
Sources: Employee Matters Agreement (Pharmacopeia Drug Discovery Inc)