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<br />Business Associate Agreement Page 6 of 7
<br />after being sent to the recipient by reputable overnight courier service (charges prepaid); or (C)
<br />five (5) business days after being sent by U.S. certified mail (charges prepaid). Except as
<br />otherwise provided herein, all notices requests or communications under this BAA shall be
<br />addressed as follows:
<br />If to Covered Entity:
<br />City of Pleasanton
<br />123 Main Street
<br />Pleasanton, CA 94566
<br />Attn: Xaviera Scoggins
<br />
<br />
<br />
<br />
<br />
<br />If to Business Associate:
<br />Alliant Insurance Services
<br />Attn.: Christine Kerns
<br />560 Mission St. Floor 6
<br />San Francisco, CA 94105
<br />
<br />With a copy to:
<br />Legal Department (EB)
<br />701 B Street, 6th Floor
<br />San Diego, CA 92101
<br />ContractsAdministration@alliant.com
<br />
<br />XIII. Relation to Services Agreement. This Agreement supplements the Covered Services
<br />Agreement, as applicable. The terms and conditions of the Covered Services Agreement shall
<br />continue to apply to the extent not inconsistent with this Agreement. If there is a conflict between
<br />this Agreement and the Covered Services Agreement as it relates to the creation, maintenance,
<br />use, transmission or disclosure of PHI, this Agreement shall control.
<br />XIV. No Third Party Beneficiaries. Nothing in this Agreement is intended to nor shall it confer any
<br />rights on any other persons except Covered Entity and Business Associate and their respective
<br />successors and assigns.
<br />XV. Insurance. Unless waived in writing by Covered Entity, Business Associate shall obtain and
<br />maintain insurance or equivalent programs of self-insurance with appropriate limits sufficient to
<br />cover costs, losses and damages that may arise from Business Associate’s breach of this
<br />Agreement or any unauthorized use or disclosure of PHI by Business Associate. Upon Covered
<br />Entity’s request, Business Associate shall provide proof of such insurance to Covered Entity.
<br />XVI. Indemnification. Business Associate agrees to defend, indemnify, and hold harmless Covered
<br />Entity and Covered Entity’s officers, members, employees and agents from and against any and
<br />all claims, fines, penalties, liabilities, demands, damages, losses, costs, expenses (including
<br />without limitation costs, reasonable attorneys’ fees, fines, penalties, and assessments) resulting
<br />from Business Associate’s breach of this Agreement, or any acts or omissions of Business
<br />Associate or Business Associate’s officers, members, employees, agents, or subcontractors
<br />arising out of or related to the use or disclosure of PHI or violation of the HIPAA Rules, HITECH,
<br />or any other state or federal laws governing information privacy. Likewise, Covered Entity agrees
<br />to defend, indemnify, and hold harmless Business Associate and Business Associate’s officers,
<br />members, employees and agents from and against any and all claims, fines, penalties, liabilities,
<br />demands, damages, losses, costs, expenses (including without limitation costs, reasonable
<br />attorneys’ fees, fines, penalties, and assessments) resulting from Covered Entity’s breach of this
<br />Agreement, or any acts or omissions of Covered Entity or Covered Entity’s officers, members,
<br />employees, agents, or subcontractors arising out of or related to the use or disclosure of PHI or
<br />violation of the HIPAA Rules, HITECH, or any other state or federal laws governing information
<br />privacy.
<br />XVII. Entire Agreement. This Agreement contains the entire agreement between the Parties as it
<br />relates to the use or disclosure of PHI, and supersedes all prior discussions, negotiations and
<br />services relating to the same to the extent such other prior communications are inconsistent with
<br />this Agreement.
<br />Docusign Envelope ID: 59F6B981-5F1A-449B-900F-594D12FCBB6B
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