Center for Internet Security Multi-State ISAC 3/22/2017

MS ISAC members will destroy such information immediately forward such request to the Primary and all copies thereof. Custodian and consult and cooperate with the MS-ISAC and Member Duties: Primary Custodian and will make reasonable efforts,consistent with applicable law to protect the 4. MS-ISAC and members who are authorized by the confidentiality of the information. Primary Primary Custodian to receive Category A Custodian will,as needed,have the opportunity to information shall,and shall cause their contractors, seek judicial or other appropriate avenues of subcontractors,agents or any other entities acting redress to prevent any release. on their behalf(hereinafter referred to as the 8. In non-emergency situations'as part of its multi- "Affiliates")to: (a) copy,reproduce or use Category A information state communication sharing efforts,the MS-ISAC only for the purposes of the MS-ISAC mission may prepare written reports. For such reports,the and not for any other purpose unless Primary Custodian shall be provided a period of specifically authorized to do so in writing by time to review such reports,papers,or other Primary Custodian; and writings and has the right to edit out its Category A (b) not permit any person to use or disclose the information,correct factual inaccuracies,make Category A information for any purpose other recommendations and comments to the content of than those expressly authorized by this the report,and append comments to the final Agreement; and version of the report.The MS-ISAC members and (c) implement physical, electronic and Primary Custodian agree to work together in good managerial safeguards to prevent faith to reach mutually agreed upon language for unauthorized access to or use of Category A the report. If the parties are unable to reach information. agreement on an issue,Primary Custodian has the Such restrictions will be at least as stringent as right to edit out its Category A information. those applied by the MS-ISAC and/or members to General Terms: their own most valuable and confidential information. 9. Should any court of competent jurisdiction consider any provision of this Agreement to be MS-ISAC agrees to promptly notify Primary invalid, illegal,or unenforceable, such provisions Custodian of any unauthorized release of Category shall be considered severed from this Agreement. A information. All other provisions,rights,and obligations shall 5. MS-ISAC and members will not remove,obscure continue without regard to the severed provision(s). or alter any notice of patent,copyright,trade secret 10. The term of the Agreement shall continue so long or other proprietary right from any Category A as Primary Custodian remains a member of the information without the prior written authorization MS-ISAC,and paragraph 3 the obligations of of Primary Custodian. confidentiality as provided herein shall survive the Multi-State ISAC Duties: expiration of this Agreement. 6. The MS-ISAC and members may share with the 11. This Agreement will be construed and enforced in Department of Homeland Security(DHS)pursuant all respects in accordance with United States(U.S.) to 6 U.S.C. § 133,Category A,B, and C federal law or other applicable laws as addressed information,unless the Primary Custodian has herein. designated in writing that the information in 12. This Agreement contains the entire understanding question cannot be shared with our federal partners. between the parties with respect to the proprietary All other information is voluntarily submitted and information described herein and supersedes all may be shared with the Federal Government with prior understandings whether written or oral. Any expectation of protection from disclosure as modification,amendment,assignment or waiver of provided by the provisions of the Critical the terms of this Agreement shall require the Infrastructure Information Act of 2002. written approval of the authorized representative of each party. 7. If any third party makes a demand for any Category A or B information,the MS-ISAC or member shall Multi-State ISAC 2 of 3 Member Agreement 1/1/2012