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Data Sharing Addendum - 7 <br />6.20.23 <br />f. Receiving Party’s obligations regarding breach notification survive any <br />termination of this Addendum and continue for as long as Receiving Party <br />maintains the Confidential Information and for any breach or potential <br />breach, at any time. <br />8. Legally Required Disclosure of Confidential Information <br />Receiving Party shall provide Formal Notice to the City within five days after <br />receipt of any of the following: <br />A public records request under Chapter 42.56 RCW or any other <br />public disclosure law; <br />A subpoena for disclosure of Confidential Information; or <br />Any other request for disclosure of Confidential Information that <br />Receiving Party believes may legally bind Receiving Party to <br />disclose Confidential Information. <br />Receiving Party shall cooperate with the City in redacting or withholding <br />Confidential Information from disclosure in accordance with applicable law. If <br />Receiving Party determines that it must disclose Confidential Information, <br />Receiving Party shall provide the City at least fifteen (15) days prior Formal <br />Notice of the date of such disclosure, so that the City may seek an injunction <br />against disclosure. <br />9. Subcontractors <br />Receiving Party will not enter into any subcontract that discloses Confidential <br />Information to a subcontractor not identified in the Agreement without written <br />approval of the Director in the Director’s sole discretion. If such disclosure is <br />so approved, then (A) such disclosure will only be for the specific purpose <br />and uses authorized by City and (B) Receiving Party must include all <br />requirements of this Addendum (including its Data security terms, conditions <br />and requirements) in any such subcontract. In no event will the existence of a <br />subcontract operate to release or reduce any responsibility or liability of <br />Receiving Party to the City for any Confidential Data Breach, breach of this <br />Addendum or violation of applicable law. <br />10. HIPAA/Business Associate Agreement <br />If the Confidential Information includes protected health information (as <br />defined under 45 CFR §§164.501 and 160.103), then the City and Receiving <br />Party will execute a separate Business Associate Agreement as required by <br />applicable law. <br />11. Insurance. <br />Receiving Party shall maintain the insurance set forth in the City Cyber- <br />liability Insurance Requirements, available at <br />https://www.everettwa.gov/319/Procurement.