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WSP Contract No. CRD00021
<br /> c. Users submitting Livescan data and related demographic information via Livescan to
<br /> the WSP are subject to audit per FBI CJIS Security Policy standards.
<br /> VII. SUSPENSION AND TERMINATION
<br /> a. The WSP may suspend services hereunder when, in its reasonable estimation, the
<br /> User has breached any material term of the Agreement. For the purposes of this
<br /> Agreement, the violation of any specific term of this Agreement or of any substantive
<br /> requirement or limitation imposed by the federal or state statutes, regulations, or
<br /> rules incorporated into this Agreement will be deemed a breach of material term of
<br /> the Agreement.
<br /> b. The WSP may terminate this Agreement if the User commits any material breach of
<br /> any term of this Agreement, which breach is not corrected within thirty (30) business
<br /> days after receipt of notice from WSP. Both parties may, by mutual agreement,
<br /> terminate this Agreement on terms acceptable to them.
<br /> c. Neither the WSP nor the User will be liable for any indirect, incidental, consequential
<br /> or special damage under this agreement arising solely from the termination of this
<br /> Agreement in accordance with its terms.
<br /> VIII. HOLD HARMLESS
<br /> The User agrees to hold harmless the WIN and its employees and the State of Washington,
<br /> the WSP and its employees from and against any and all claims, demands, actions, suits,
<br /> including but not limited to, any liability for damages by reason of or arising out of any
<br /> misuse of the ABIS, WASIS and WIN ABIS databases, erroneous identifications, or any
<br /> cause of action whatsoever, against any loss, cost, expense, and damage resulting
<br /> therefrom, including attorney fees.
<br /> IX. RECORDS MAINTENANCE AND INSPECTION
<br /> The parties to this Agreement shall each maintain books, records, documents, and other
<br /> evidence which sufficiently and properly reflect all direct and indirect delivery, receipt,
<br /> safeguarding, and uses of the Data shared under this Agreement. These records shall be
<br /> subject to inspection, review, or audit by personnel of each party, or other personnel authorized
<br /> by either party, the Office of the State Auditor, and federal officials authorized by law. Each
<br /> party shall retain all books, records, documents, and other material relevant to this Agreement
<br /> in accordance with the state retention schedules applicable to their agency. The Office of the
<br /> State Auditor, federal auditors, and any persons authorized by either party shall have full
<br /> access and the right to examine any of these materials during this period.
<br /> X. CONFIDENTIALITY
<br /> Data provided pursuant to this Agreement includes Confidential, Personal identifiable
<br /> information (jointly "Confidential Information"). Each Party acknowledges and agrees that it
<br /> has a continuing obligation to comply with all federal and state laws, regulations, and
<br /> security standards as enacted or revised over time, regarding Data Security, electronic data
<br /> interchange and restricted Permissible Uses of such information. As agencies of the state
<br /> of Washington, these standards must minimally meet all regulations set forth by the Office of
<br /> the Chief Information Officer (OCIO) under OCIO policy 141.10.
<br /> XI. SAFEGUARDING OF CONFIDENTIAL INFORMATION
<br /> Each Party shall protect and safeguard all Confidential Information provided under this
<br /> Agreement against any and all unauthorized disclosure, use, or loss because each party is
<br /> regulated by OCIO standards for the safeguarding of Confidential Information, each party
<br /> must conform to its own standards.
<br /> Approved as to Form by the Washington Attorney General
<br /> 2018 Livescan to WIN ABIS User Agreement 05/08/2018
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