Under this Agreement, each party shall be and remain liable for their own acts and omissions, and each party shall indemnify and hold harmless the other from and against all claims, liabilities, penalties, fines, fees, causes of action (civil or regulatory), and/or other costs and expenses, including attorneys’ fees, that may arise against one party due to, related to, or regarding the acts or omissions of the other. Business Associate shall be liable to Encompass for all costs incurred associated with any formal HITECH Act Breach Notification required by Encompass which is caused by or due to the acts or omissions of Business Associate.