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2016/06/01 Council Agenda Packet
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2016/06/01 Council Agenda Packet
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6/8/2016 9:55:43 AM
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Council Agenda Packet
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6/1/2016
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the Agency uon (i) issuance for use of such property in the performance of <br /> this Agreement or (ii) commencement of use of such property in the <br /> performance of this Agreement, or (iii) reimbursement of the cost thereof <br /> by the State, in whole or in part, whichever first occurs. <br /> B. Any property of the Agency furnished to the Bank shall, unless otherwise <br /> provided herein or approved by the Agency, be used only for the <br /> performance of this Agreement. <br /> C. The Bank shall be responsible for any loss or damage to property of the <br /> Agency which results from the negligence of the Bank or which results <br /> from the failure on the part of the Bank to maintain and administer that <br /> property in accordance with sound management practices. <br /> D. If any Agency property is lost, destroyed or damaged, the Bank shall <br /> immediately notify the Agency and shall take all reasonable steps to <br /> protect the property from further damage. <br /> E. The Bank shall surrender to the Agency all property of the Agency prior to <br /> settlement upon completion, termination or cancellation of this <br /> Agreement. <br /> F. All reference to the Bank under this clause shall also include Bank's <br /> employees, agents or Subcontractors. <br /> 55. PRIVACY <br /> Personal information collected, used or acquired in connection with this <br /> Agreement shall be used solely for the purposes of this Agreement. Bank and its <br /> Subcontractors agree not to release, divulge, publish, transfer, sell or otherwise <br /> make known to unauthorized persons personal information without the express <br /> written consent of the Agency or as provided by law. Bank agrees to implement <br /> physical, electronic and managerial safeguards to prevent unauthorized access to <br /> personal information. <br /> • <br /> The Agency reserves the rights to monitor, audit or investigate the use of personal <br /> information collected, used or acquired by the Bank through this Agreement. The <br /> monitoring, auditing or investigating may not include "salting" by the Agency. <br /> Bank shall certify the return or destruction of all personal information upon <br /> expiration of the Agreement. Salting is the act of placing a record containing <br /> unique but false information in a database that can be used later to identify <br /> inappropriate disclosure of data contained in the database. <br /> Any breach of the provisions may result in termination of the Agreement and the <br /> demand for return of all personal information. The Bank agrees to indemnify and <br /> hold harmless the Agency for any damages related to Bank's unauthorized use of <br /> personal information. <br /> The Agency's right to monitor, audit, or investigate shall be subject to the Bank's <br /> right to limit those activities that are prohibited by its internal policies or that the <br /> Statewide Custody Provider Program <br /> Agreement for Custody Services 26 <br /> 128 <br />
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