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DOR Contract No. <br /> timely written notice at least two weeks before disclosure to allow the other party to <br /> seek a court order enjoining disclosure, if necessary. <br /> X. Unauthorized Use or Disclosure <br /> If Information received by a party under this Agreement is used, accessed, or disclosed in <br /> violation of this Agreement, including use, access, or disclosure by a non-party, the following <br /> terms apply: <br /> A. Notification. A party must notify the other in writing as soon as practicable, but no later <br /> than three working days, after determining a material violation of the disclosure or use <br /> provisions has occurred. Nothing in this Agreement relieves either party of any <br /> additional notice obligations under RCW 42.56.590. <br /> B. Indemnification.The City of Everett shall,to the extent allowed by law, indemnify and <br /> hold the Department harmless from any loss or damages, including consequential <br /> damages such as public relations costs, arising out of the use, access, or disclosure of <br /> Information in violation of this Agreement. <br /> C. Disclosure by Other Party. A party's obligations under Section X.B. do not apply to the <br /> extent that any use, access, or disclosure of Information in violation of this Agreement <br /> was through the fault of the other party. <br /> Xl. Ownership and Retention of Information <br /> Records and other documents, in any medium, furnished by one party to the other will remain <br /> the property of the furnishing party absent a written agreement to the contrary. The parties <br /> agree that except as provided in Section XII, below, a party receiving Information under this <br /> Agreement may retain the Information in accordance with the receiving party's electronic <br /> information and document retention policies, as applicable. <br /> XII. Return or Destruction of Confidential Information and Confidential Tax Information <br /> A. Return or Destruction for Violation: A party may, at any time, require the return or <br /> destruction of all Confidential Information or Confidential Tax Information provided to <br /> the other party during the term of this Agreement if Confidential Information or <br /> Confidential Tax Information in the possession of the receiving party has been disclosed, <br /> accessed, or used, or is at substantial risk of disclosure, access, or use, in violation of the <br /> terms of this Agreement. <br /> B. Request for Return or Destruction. Any request for return or destruction of <br /> Information must be in writing and provide a reasonable time for compliance. A party <br /> may request certification in writing that all copies of the Information have been <br /> returned or destroyed. <br /> AGENCY DATA SHARING AGREEMENT Page 4 <br /> 5 <br />