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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 />XI. 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 />11 <br />