Hipaa Business Associate Agreement Page 5

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12.
Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits
CompBenefits to comply with the Privacy Rule.
13.
Indemnification. Business Associate shall indemnify and hold harmless CompBenefits, its directors,
officers, agents, employees, affiliates, successors and assigns from and against any and all liability, causes of action,
claims and the reasonable and actual costs incurred, including attorney’s fees and litigation expenses, in connection
with or resulting from (i) breach of this Agreement; (ii) breach of HIPAA Regulations; or (iii) claims or government
investigations that Business Associate has violated HIPAA Regulations.
CompBenefits shall indemnify and hold harmless Business Associate, its directors, officers, agents, employees,
affiliates, successors and assigns from and against any and all liability, causes of action, claims and the reasonable
and actual costs incurred, including attorney’s fees and litigation expenses, in connection with or resulting from (i)
breach of this Agreement; (ii) breach of HIPAA Regulations; or (iii) claims or government investigations that
CompBenefits has violated HIPAA Regulations.
14.
Equitable Relief. Business Associate acknowledges that money damages are not alone a sufficient remedy
for a breach of this Agreement. In the event of Business Associate’s breach or threatened breach of this Agreement,
CompBenefits shall be entitled to injunctive and/or other preliminary or equitable relief, in addition to any other
remedies provided for in this Agreement or available by applicable law. This provision shall survive termination of
this Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement effective as of the date
signed below.
CompBenefits
Business Associate
By:
By:
Print Name:
Print Name: Bruce A. Mitchell
Title:
Title:
Exe. Vice President and General Counsel
Date:
Address:____________________________________
State, Zip:___________________________________
Phone Number:_______________________________
Agent Number: _______________________________
BizAssoc.HIPAA-Agreement
5

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