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3.2. Responsibilities of Covered Entity. 3.2.1. Special Restrictions. Covered Entity must notify Business Associate in a timely manner of any arrangements the Covered Entity permits or requires that may affect the permitted Uses or Disclosures of PHI by Business Associate under this BAA. 3.2.2. Requests by Covered Entity. Covered Entity must not ask Business Associate to Use or Disclose PHI (including Disclosures to Covered Entity) in any manner that would not be permissible under the Privacy Regulation if done by Covered Entity, except as expressly permitted by the Regulations. 4. TERM AND TERMINATION 4. L Term. This BAA has the same term as the Underlying Agreement, but may be terminated earlier as provided in Section 4.2. Certain provisions and requirements of this BAA survive the termination of the Underlying Agreement in accordance with Section 61. 4.2. Termination by Covered Entity for material breach. Notwithstanding anything to the contrary in the Underlying Agreement, and in addition to any termination provisions in the Underlying Agreement, Covered Entity may immediately terminate this BAA and the Underlying Agreement, if Covered Entity determines that Business Associate has breached a material term of this BAA. Alternatively, in its sole discretion and without waiving its power to terminate immediately, Covered Entity may: 4.2.1. Provide Business Associate with written notice of the material breach and give Business Associate an opportunity to cure the breach to Covered Entity's satisfaction within a time period specified in the notice; and 4.2.2. If the material breach is not cured to the reasonable satisfaction of the Covered Entity within the time specified in the written notice of the breach, Covered Entity may immediately terminate this BAA and Underlying Agreement by providing written notice of termination to the Business Associate. 4.3. Protection of PHI after termination. Pursuant to 45 C.F.R. § 164.504(e)(2)(�, when this BAA terminates, the following applies to all PHI that the Business Associate received from, created, or received on behalf of, Covered Entity. 4.3.1. Return or destroy PHI. Following the termination of this BAA, Business Associate must return or destroy all PHI, as follows: (a) Return PHI to Covered Entity and retain no copies; and/or (b) Securely destroy PHI in its possession. 4.3.2. If not feasible to return or destroy. If it is not feasible for Business Associate to return or destroy PHI as provided in 4.3.1, Business Associate must, following the termination of this BAA, give Covered Entity written notice stating the following: (a) That Business Associate has determined that it is not feasible to return or destroy the PHI in its possession; (b) The specific reasons for making this determination; and 1032762-6 19