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XIX. Protection of Confidential Information
<br /> The CONSULTANT acknowledges that some of the material and information that may come into its possession
<br /> or knowledge in connection with this AGREEMENT or its performance may consist of information that is
<br /> exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other
<br /> local, state, or federal statutes ("State's Confidential Information"). The "State's Confidential Information"
<br /> includes,but is not limited to,names, addresses, Social Security numbers, e-mail addresses, telephone numbers,
<br /> financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or
<br /> any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE
<br /> and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data,
<br /> proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the
<br /> project that relates to any of these types of information. The CONSULTANT agrees to hold the State's
<br /> Confidential Information in strictest confidence and not to make use of the State's Confidential Information for
<br /> any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-
<br /> consultants or subcontractors,requiring such information for the purposes of carrying out this AGREEMENT,
<br /> and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party
<br /> without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release
<br /> such information or material only to employees, sub-consultants or subcontractors who have signed a
<br /> nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The
<br /> CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized
<br /> access to the State's Confidential Information.
<br /> Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the
<br /> AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's
<br /> Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii)
<br /> take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential
<br /> Information.
<br /> As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
<br /> the State's Confidential Information received in the performance of this AGREEMENT; the purposes) for
<br /> which the State's Confidential Information was received; who received, maintained, and used the State's
<br /> Confidential Information; and the final disposition of the State's Confidential Information. The
<br /> CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the
<br /> AGENCY.
<br /> The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
<br /> collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
<br /> investigating may include, but is not limited to, salting databases.
<br /> Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in
<br /> termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary
<br /> damages, or penalties
<br /> It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information,which
<br /> is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
<br /> confidentiality of such information during the term of this AGREEMENT and afterwards. All materials
<br /> containing such proprietary and/or confidential information shall be clearly identified and. marked as
<br /> "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this
<br /> AGREEMENT.
<br /> 3750-01
<br /> Local Agency A&E Professional Services Agreement Number
<br /> Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 12 of 14
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