FERPA Compliance. In connection with all FERPA Records that Contractor may create, receive or maintain on behalf of University pursuant to the Underlying Agreement, Contractor is designated as a University Official with a legitimate educational interest in and with respect to such FERPA Records, only to the extent to which Contractor (a) is required to create, receive or maintain FERPA Records to carry out the Underlying Agreement, and (b) understands and agrees to all of the following terms and conditions without reservation:
FERPA Compliance. Some of the University Records Contractor receives, creates or maintains for or on behalf of University constitute Education Records (as defined by FERPA), or Personally Identifiable Information from Education Records (as defined by FERPA) (collectively, FERPA Data). Before Contractor may access, create or maintain any of University’s FERPA Data, Contractor must execute EXHIBIT ___ [Note: Insert Exhibit number/letter.], FERPA Confidentiality and Security Addendum. EXHIBIT ___ [Note: Insert Exhibit number/letter.], FERPA Confidentiality and Security Addendum, contains terms required by University to ensure that Contractor complies with FERPA (including the requirements of 34 CFR §99.33(a)) and University Rules related to FERPA, including (i) a description of all FERPA Data subject to this Agreement, and (ii) recognition that University retains the right to control Contractor’s access, use, and disclosure of all FERPA Data. Except to the extent Section 12.11 conflicts with EXHIBIT ___ [Note: Insert Exhibit number/letter.], FERPA Confidentiality and Security Addendum, Contractor will comply with Section 12.11 in connection with all FERPA Data. To the extent that EXHIBIT ___ [Note: Insert Exhibit number/letter.], FERPA Confidentiality and Security Addendum, conflicts with any term contained in this Agreement, the terms of EXHIBIT ___ [Note: Insert Exhibit number/letter.], FERPA Confidentiality and Security Addendum, will control.
FERPA Compliance. Some of the University Records Contractor receives, creates or maintains for or on behalf of University constitute “Education Records” (as defined by FERPA), or “Personally Identifiable Information from Education Records” (as defined by FERPA) (collectively “FERPA Data”). Before Contractor may access, create or maintain any of University’s FERPA Data, Contractor must execute the FERPA compliance contract addendum (“FERPA Confidentiality and Security Addendum”), attached as EXHIBIT ___, FERPA Confidentiality and Security Addendum, and incorporated for all purposes. The FERPA Confidentiality and Security Addendum contains terms required by University to ensure that Contractor complies with FERPA (including the requirements of 34 CFR § 99.33(a)) and University Rules related to FERPA, including (i) a description of all FERPA Data subject to this Agreement, and (ii) recognition that University retains the right to control Contractor’s access, use, and disclosure of all FERPA Data. Except to the extent Section 12.11 conflicts with the FERPA Confidentiality and Security Addendum, Contractor will comply with Section 12.11 in connection with all FERPA Data. To the extent that the FERPA Confidentiality and Security Addendum conflicts with any term contained in this Agreement, the terms of the FERPA Confidentiality and Security Addendum will control. [Note: Delete all bracketed ([ ]) and highlighted text before sending this Agreement to Contractor.] University and Contractor have executed and delivered this Agreement to be effective as of the Effective Date. UNIVERSITY: CONTRACTOR: THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON By: By: ___________________________ Name: ______________________________ Name: ________________________ Title: ______________________________ Title: __________________________ [Option (Include if Contractor is a corporation.): Attest: ________________________ Corporate Secretary] Attach: EXHIBIT A – Scope of Work EXHIBIT B – Schedule EXHIBIT C – Payment for Services [Option (Include if University is a HIPAA Covered Entity and Contractor will receive, create and/or maintain for or on behalf of University data covered by HIPAA.): EXHIBIT D – HIPAA Business Associate Agreement] [Option (Include if HUB Subcontracting Plan was prepared in connection with the Work covered by this Agreement.): EXHIBIT E – HUB Subcontracting Plan] [Option (Include if federal contract provisions are included in this Agreement.): EXHIBIT ___ – Affirmative Acti...
FERPA Compliance. If the State Educational Institution is an “educational agency or institution” as that term is defined by the Family Educational Rights and Privacy Act (FERPA), 20 USC 1232g, 34 CFR 99.1, and this Contract involves “personally identifiable information,” as defined at 34 CFR 99.3, the State Educational Institution covenants that it will appropriately safeguard from unauthorized disclosure to third parties any “personally identifiable information” with respect to a student.
FERPA Compliance. The Grantee shall comply with all confidentiality requirements for wage and education records as required by the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99, WIOA, and applicable regulations.
FERPA Compliance. To the extent applicable, Contractor agrees to hold student information, including any personally identifiable student information or education records as those terms are defined under federal law, (“Confidential Data”) in strict confidence and warrants to University that it will use reasonable industry practices to establish and maintain adequate procedures to ensure the confidentiality and privacy of such Confidential Data from unauthorized use or disclosure in violation of the Federal Family Educational Rights and Privacy Act (“The Xxxxxxx Amendment or “FERPA”), 20 USC 1232 g and not to use or disclose Confidential Data except as permitted or required by this Contract, as required by law, or as otherwise authorized by University in writing. Contractor further agrees not to use Confidential Data for any purpose other than the purpose for which the disclosure to Contractor was made. Contractor shall continue to maintain the confidentiality and privacy of the Confidential Data retained in its system after cancellation, expiration or other conclusion of this Agreement. Upon termination, cancellation, expiration or other conclusion of this Contract, Contractor shall return all Confidential Data to University or, if return is not feasible, destroy any and all Confidential Data. If Contractor destroys the information, it shall provide University with a certificate confirming the date of destruction of the data. Contractor shall develop, implement, maintain and use appropriate administrative, technical and physical security measures to preserve the confidentiality, integrity and availability of all electronically maintained or transmitted Confidential Data received from, or on behalf of University or its students. These measures will be extended by contract to all subcontractors used by Contractor. Contractor shall, within one day of discovery, report to University any use or disclosure of confidential information not authorized by this agreement or in writing by University. Following this report, Contractor will conduct a timely and thorough investigation in an attempt to identify: (i) the nature of the unauthorized use or disclosure, (ii) the data used or disclosed, and (iii) who made the unauthorized use or received the unauthorized disclosure. At the conclusion of this investigation, Contractor will furnish a confidential written report to University indicating the results of the investigation, what Contractor has done or shall do to mitigate any deleteriou...
FERPA Compliance. University is a qualifying educational agency or institution under the U.S. Family Educational Rights and Privacy Act (“FERPA”). To the extent Supplier or its personnel have access to data protected by FERPA, Supplier acknowledges that for the purposes of this Agreement it is designated as a “school official” with “legitimate educational interests” in such data and associated metadata, as defined under FERPA and its implementing regulations, and agrees to abide by the limitations and requirements imposed on school officials under those regulations. Supplier agrees to use such data only for the purpose of fulfilling its duties under this Agreement, and will not monitor, share, or disclose any such data to any third party except as provided for in this Agreement, as required by law, or as authorized in writing by University. Supplier specifically agrees not to use any data for purposes of targeted advertising.
FERPA Compliance. The parties recognize that they are bound to comply with the Family Educational Rights and Privacy Act (Xxxxxxx Amendment) in their handling of educational records of students enrolled in their programs. It is also understood and recognized that employees and agents of each party will need to have access to the educational records maintained by the other party in properly administering their duties and obligations under this Agreement and to the individual students. It is agreed that each party shall thoroughly orient their employees and agents with regard to their respective obligations under the Family Educational Rights and Privacy Act and shall maintain their practices in strict accordance with the requirements of that act. Unless required by judicial or regulatory authority, neither party shall be permitted to authorize and further disclose the educational records of the other party to persons or entities not a party to this Agreement without first having received permission of the other party, and having obtained assurances that the other party has fully complied with the provisions of the Family Educational Rights and Privacy Act. Any permitted disclosure to persons or entities not a party to this Agreement shall be under the condition that no further disclosure by such party shall be permitted. Each party agrees to save, indemnify and hold harmless the other party and their officers, employees and agents from any liability, damages, claims actions, causes of actions, demands, judgments or awards of whatsoever kind or nature, arising out of any failure by the other party or its officers, employees or agents to abide by the Family Educational Rights and Privacy Act or its implementing regulations.
FERPA Compliance. Both Parties will ensure that the dissemination and disposition of educational records complies at all times with the Family Educational Rights and Privacy Act of 1974 and any subsequent amendments thereto.
FERPA Compliance. The parties recognize that they are bound to comply with XXXXX in their handling of educational records of students enrolled in their programs. It is also understood and recognized that employees and agents of each party may need to have access to certain educational records maintained by the other party in properly administering their duties and obligations under this Agreement and to the individual students. It is agreed that each party shall thoroughly orient their employees and agents with regard to their respective obligations under FERPA and shall maintain their practices in strict accordance with the requirements of that act. Unless required by judicial or regulatory authority, neither party shall be permitted to authorize and further disclose the educational records of the other party to persons or entities not a party to this Agreement without first having received permission of the other party, and having obtained assurances that the other party has fully complied with the provisions of the FERPA. Any permitted redisclosure to persons or entities not a party to this Agreement shall be under the condition that no further disclosure by such party shall be permitted. Each party agrees to save, indemnify and hold harmless the other party and their officers, trustees, employees and agents from any liability, damages, claims actions, causes of actions, demands, judgments or awards of whatsoever kind or nature, arising out of any failure by the other party or its officers, employees or agents to abide by FERPA or its implementing regulations.
