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37 <br />Privacy that appear at 45 C.F.R. Parts 160 and 164. The definition of “health <br />care” is amended to include “reproductive health care” defined as care that <br />affects the health of the individual in matters related to the reproductive <br />system. Use and disclosure of reproductive health care information is <br />limited, including with respect to purposes of law enforcement. In many <br />instances reproductive health care information must be disclosed only with <br />an attestation by the recipient. <br />B. Regulatory References. A reference in this Business Associate <br />Agreement to a section in the Privacy Rule or the Security Rule means the <br />section as in effect or as amended. <br />C. Amendment. The parties agree to take such action as is necessary to <br />amend this Business Associate Agreement from time to time as is necessary <br />for Covered Entity and/or Business Associate to comply with the <br />requirements of the Privacy Rule, the Security Rule, and the Health <br />Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. <br />D. Interpretation. Any ambiguity in this Business Associate Agreement shall <br />be resolved to permit each party to comply with the Privacy Rule and the <br />Security Rule, if applicable. <br />E. Survival. The respective rights and obligations under this Business <br />Associate Agreement shall survive the termination of this Business Associate <br />Agreement and any related agreement, Including a services agreement. <br />F. Indemnity. Each party will indemnify, hold harmless, and defend the <br />other party and its affiliates, officers, directors, employees or agents from <br />and against any claim, cause of action, liability, damage, cost or expense, <br />Including attorneys’ fees and court or proceeding costs, arising out of or in <br />connection with any non-permitted or violating use or disclosure of <br />Protected Health Information or other breach of this Business Associate <br />Agreement by such party or any Subcontractor, agent, person or entity <br />under such party’s control. <br />G. No Third-Party Beneficiaries. Nothing express or implied in this <br />Business Associate Agreement is intended to confer, nor shall anything <br />herein confer, upon any person other than the parties hereto, any rights <br />obligations, or liabilities whatsoever. <br />H. Conformance with Law. The parties agree to take such action as is <br />necessary to amend this Business Associate Agreement from time to time <br />as is necessary for the parties to comply with the requirements of HIPAA as <br />they apply to each party.