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(c) That Business Associate will (1) extend all the protections, limitations and restrictions contained in this BAA to PHI retained after the termination of this BAA, and (2) limit any further Use and Disclosure of PHI to the purposes that make the return or destruction of the PHI infeasible. 5. MISCELLANEOUS 5.1. SurvivaL The respective rights and obligations of Business Associate and Covered Entity under Section 2, Section 3 and Section 4.3 solely with respect to PHI Business Associate retains in accordance with Section 4.3 survive termination of this BAA. 5.2. Amendment. Except as provided in Section 5.2.1, this BAA may be amended only by a writing signed by the parties. 5.2.1. Automatic amendment due to change in law. This BAA will be deemed automatically amended to the extent necessary for the parties to comply with a change in applicable law. For purposes of this paragraph, a"change in applicable law" means a change in statute, regulation, rule, or interpretation or application of law by an authoritative judicial or administrative body. 5.3. Non-Waiver. The rights and remedies of the parties are cumulative and not alternative. Neither the failure nor any delay by any party in exercising any right under this BAA or the documents referred to in this BAA shall operate as a waiver of such right, and no single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right. 5.4 5.5. No Third Party Beneficiary. This BAA confers no enforceable legal right or remedy on any individual or entity other than the parties, unless otherwise expressly provided. Notices. Any notice or other communication required or permitted by this BAA must be in writing. A notice will be deemed given or delivered at the earliest of the following: (a) When the notice is actually delivered to the intended recipient; (b) When deposited in the United States mail, certified or registered, return receipt requested, postage prepaid and properly addressed, or when deposited with a recognized overnight courier for next day delivery, charges prepaid and properly addressed, or (c) If given by facsimile, upon evidence that the facsimile was received, if promptly followed by delivery under section 5.5(b). Notice is valid if addressed to the intended recipient as follows, as appropriate: If to Business Associate, to: Regions Hospital Attn: EMS Director 640 Jackson Street St. Paul, MN 55101 Phone: 651-254-7�45 Email: david.r.waltz(c�r�,health�artners.com 1032762-6 20 If to Covered Entity, to: The City of Roseville Attn: Fire Chief 2660 Civic Center Drive Roseville, MN 55113 Phone: 651-792-7305 Email: tim.oneill(a�cityofroseville.com