/Docs/G/MI-Business-Associate-Agt-CmA/0.md
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The Parties acknowledge and agree that this Section 3.9 constitutes notice by Business Associate to Covered Entity of the ongoing existence and occurrence of attempted but Unsuccessful Security Incidents (as defined below) for which no further notice to Covered Entity by Business Associate shall be required. “Unsuccessful Security Incidents” shall include, but not be limited to, pings and other broadcast attacks on Business Associate’s firewall, port scans, unsuccessful log-on attempts, interception of encrypted information where the key is not compromised, denials of service and any combination of the above, so long as no such incident results in unauthorized access, use or disclosure of PHI.