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<br /> DOL Contract No. 144666
<br /> DOL Account No. 911154
<br /> Contractor Contract No.
<br /> records, documents, and other materials relevant to this Contract for six(6)years after
<br /> settlement, and make them available for inspection by persons authorized under this provision.
<br /> The Contractor shall be responsible for any audit exceptions or disallowed costs incurred by the
<br /> Contractor or any of its Subcontractors.
<br /> CONFIDENTIALITY
<br /> The use or disclosure by any party of any information concerning the other party for any purpose
<br /> not directly connected with the administration of responsibilities, with respect to services
<br /> provided under this Agreement, is prohibited except as otherwise required by law or by prior
<br /> written consent of the other party. Each party shall maintain as confidential all information
<br /> concerning study findings and recommendations, as well as the business of the other party, its
<br /> financial affairs, and relations with its clientele and its employees, and any other information,
<br /> which may be specifically classified as Confidential Information. To the extent consistent with
<br /> Washington State law, each party shall maintain all information, which the other party specifies in
<br /> writing as Confidential Information. Each party shall have an appropriate Agreement with its
<br /> employees and subcontractors to this effect.
<br /> SAFEGUARDING OF CONFIDENTIAL INFORMATION
<br /> Each Party shall not use or disclose Confidential Information in any manner that would constitute
<br /> a violation of federal law or applicable provisions of Washington State law. Each Party agrees to
<br /> comply with all federal and state laws and regulations, regarding data security and electronic
<br /> data interchange of Confidential Information.
<br /> Each-party-shall-protect-Confidential-Inforrratton-coltecteCus-ad;oracquired hi con ectiorrwith-this
<br /> Agreement, against unauthorized use, disclosure, modification or loss. Each party shall ensure their
<br /> directors, officers; employees, subcontractors or agents use it solely for the purposes of
<br /> accomplishing the services set forth in this Agreement. Each party and its Subcontractors agree not
<br /> to release, divulge, publish,transfer, sell or otherwise make it known to unauthorized persons
<br /> without the express written consent of the other party or as otherwise authorized by law. Each party
<br /> agrees to implement physical, electronic, and managerial policies, procedures, and safeguards to
<br /> prevent unauthorized access, use, or disclosure. "USER" shall make the Personal Information
<br /> available to amend as directed by DOL and incorporate any amendments into all the copies
<br /> maintained by"USER"or its Subcontractors.
<br /> USER shall notify the DOL immediately of becoming aware of any unauthorized access, use or
<br /> disclosure. Any breach of this clause may result in termination of the Agreement, suspension of on-
<br /> line access accounts and the demand for return of all confidential information.
<br /> RIGHTS IN DATA
<br /> Unless otherwise provided, data,which originates from this Agreement shall be"works for hire"as
<br /> defined by the U.S. Copyright Act of 1976 and shall be owned by the DOL. Data shall include, but
<br /> not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys,
<br /> studies, computer programs,films,tapes, and/or sound reproductions. Ownership includes the right
<br /> to copyright, patent, register, and the ability to transfer these rights.
<br /> SECURITY OF DATA
<br /> The confidentiality classification of the data determines the handling requirements for this data
<br /> while it is in motion and at rest. The required protective measures are:
<br /> A recent independent security review of DOL's infrastructure recommended that all remote
<br /> access to DOL's sensitive information be secured with strong authentication and encrypted
<br /> communications. Given the security experts' recommendation and the sensitivity of the data
<br /> provided from the DAPS system, DOL believes a strong authentication mechanism is required to
<br /> positively identify the user of the system irrespective of the network used to access the
<br /> File Name:K4666 Page 3 of 14 4/9/2013
<br /> Terms and Conditions
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