Breach: Should there be an unauthorized disclosure of a Player’s Mental Health Records, the Team Clinician shall notify the Head Team Physician and Club President as well as the NFL Chief Medical Officer and NFLPA Medical Director. To the extent that the unauthorized disclosure constitutes a “Breach” as defined by HIPAA, the Team Clinician and/or Club shall comply with any breach notification requirements outlined in HIPAA at 45 CFR §§ 164.404. If there has been unauthorized access to Mental Health Records stored in the segregated part of the EMR, the Parties will cooperate in investigating such unauthorized access and provide appropriate remedial measures (including, without limitation, discipline, training and/or terminating access to EMR). For purposes of clarity, any intentional and/or knowing unauthorized access to or dissemination of Mental Health Records (e.g., clinical diagnosis and/or prescription(s)) will be considered a material violation of this Agreement and subject to the discipline procedures set forth below. Should a Player or other individual allege a Breach or violation of this Agreement by a Club employee or member of a Club’s Medical Staff, the Parties will investigate the matter and, if a Breach or violation of this Agreement is established, the Commissioner shall impose discipline as set forth below. For the avoidance of doubt, the preceding sentence applies to situations in which a Club employee or member of the Club’s Medical Staff (other than the Team Clinician) improperly discloses the defined Mental Health Records. Should a Team Clinician be found to have improperly disclosed such information, that Clinician shall be subject to termination. If the Parties are unable to agree upon whether or not a Breach or violation of this Agreement has occurred, then either Party may immediately refer the matter to the Impartial Arbitrator (as established by Article 16 of the CBA).