Common use of Access and Protection Clause in Contracts

Access and Protection. During the term of the Contract, Contractor and AOC will have access to and become acquainted with each party’s Confidential Information and Proprietary Information. Except for disclosure pursuant to Section 19.1.2, AOC and Contractor, and each of their officers, employees and agents, shall, subject to State laws, regulations, and court rule, and in accordance with this Section 19.1.1, maintain (a) all Confidential Information of the other party in strict confidence, and (b) all Proprietary Information in the same manner as it protects the confidentiality of its own proprietary information of like kind, but in no event with less than reasonable care. Neither party will at any time use, publish, reproduce or disclose any Confidential Information or Proprietary Information, except to authorized employees, contractors and agents requiring such information under confidentiality requirements no less restrictive than this Section 19.1.1, as authorized in writing by the other party, as otherwise specifically permitted herein, or to perform its obligations as authorized hereunder. Both parties shall take all steps necessary, including without limitation oral and written instructions to all staff to safeguard, in accordance with applicable federal and State law and regulation and this Section 19.1.1, the other party’s Confidential Information and Proprietary Information against unauthorized disclosure, reproduction, publication or use, and to satisfy their obligations under this Contract. Except for disclosures pursuant to Section 19.1.2 below, each party agrees that prior to disclosing any Proprietary Information or Confidential Information of the other party to any third party, it will obtain from that third party a written acknowledgment that such third party will be bound by the same terms as specified in this Section 19.1.1 with respect to the Proprietary Information and Confidential Information. In addition to the requirements expressly stated in this Section 19.1.1, Contractor and its Subcontractors will comply with any policy, rule, or reasonable requirement of AOC that relates to the safeguarding or disclosure of information relating to court records, Contractor’s operations, or the Services performed by Contractor under this Contract.

Access and Protection. During the term of the ContractAgreement, Contractor and AOC the Counties will have access to and become acquainted with each party’s Confidential Information and Proprietary Information. Except for disclosure pursuant to Section 19.1.2, AOC The Counties and Contractor, and each of their officers, employees employees, and authorized contractors and agents, shall, subject to State laws, regulations, and court rule, and in accordance with this Section 19.1.1, shall maintain (a) all Confidential Information of the other party (a) in strict confidence, and (b) all Proprietary Information in at least to the same manner extent as it protects the confidentiality of its own proprietary information of like kind, (c) but in no event with less than reasonable care, and (d) in accordance with the Security and Confidentiality Plan Deliverable (as described in RFP Section 4.10.10), which shall be included in the Systems Operations Plan Deliverable based on Section 4.10.10 of the RFP and other mutually agreed upon Acceptance Criteria. In addition, the Counties and each of their officers, employees, and authorized contractors and agents, including State and federal agencies shall maintain Contractor’s Confidential Information that is made available at Contractor’s Central Site Facility and Contractor’s backup data center under Section 4.10 of the Agreement in strict confidence. Neither party will at any time use, publish, reproduce or disclose any Confidential Information or Proprietary Information, except to authorized officers, employees, contractors and agents requiring such information under confidentiality requirements no less restrictive than this Section 19.1.117.1.1, as authorized in writing by the other party, as otherwise specifically permitted herein, or and shall only use such Confidential Information to perform its obligations as authorized hereunder. Both parties shall take all steps necessary, including without limitation oral and written instructions to all staff to safeguard, in accordance with applicable federal federal, State and State law and regulation County law, regulation, codes, and this Section 19.1.117.1.1, the other party’s Confidential Information and Proprietary Information against unauthorized disclosure, reproduction, publication or use, and to satisfy their obligations under this ContractAgreement. Except for disclosures pursuant to Section 19.1.2 below, each Each party agrees that that, prior to disclosing any Proprietary Information or Confidential Information of the other party to any third partyparty as permitted under this Section 17.1.1, it will obtain from that third party a written acknowledgment that such third party will be bound by the same terms as specified in this Section 19.1.1 17.1.1 with respect to the Proprietary Information and Confidential Information. In addition to the requirements expressly stated in this Section 19.1.117.1.1, Contractor and its Subcontractors will comply with any applicable law, policy, rule, or reasonable requirement of AOC any County, the State and the federal government that relates to the safeguarding or disclosure of information relating to court recordsapplicants and recipients of the Counties’ services, Contractor’s operations, or the Services performed by Contractor under this ContractAgreement. Contractor shall comply with changes to any such applicable law, policy, rule, or reasonable requirement in accordance with and subject to Section 14.8.

Access and Protection. During the term of the Contract, Contractor and AOC WSP will have access to and become acquainted with each party’s Confidential Information and Proprietary Information. Except for disclosure pursuant to Section 19.1.2, AOC WSP and Contractor, and each of their officers, employees and agents, shall, subject to State laws, regulations, laws and court rule, regulations and in accordance with this Section 19.1.1, maintain (a) all Confidential Information of the other party in strict confidence, and (b) all Proprietary Information in the same manner as it protects the confidentiality of its own proprietary information of like kind, but in no event with less than reasonable care. Neither party will at any time use, publish, reproduce or disclose any Confidential Information or Proprietary Information, except to authorized employees, contractors and agents requiring such information under confidentiality requirements no less restrictive than this Section 19.1.1, as authorized in writing by the other party, as otherwise specifically permitted herein, or to perform its obligations as authorized hereunder. Both parties shall take all steps necessary, including without limitation oral and written instructions to all staff to safeguard, in accordance with applicable federal and State law and regulation and this Section 19.1.1, the other party’s Confidential Information and Proprietary Information against unauthorized disclosure, reproduction, publication or use, and to satisfy their obligations under this Contract. Except for disclosures pursuant to Section 19.1.2 below, each party agrees that prior to disclosing any Proprietary Information or Confidential Information of the other party to any third party, it will obtain from that third party a written acknowledgment that such third party will be bound by the same terms as specified in this Section 19.1.1 with respect to the Proprietary Information and Confidential Information. Contractor shall only release such WSP Confidential Information or WSP Proprietary Information to employees, agents or Subcontractors’ employees, agents or contractors who have signed a statement as found in Exhibit G and the Nondisclosure Agreement in Exhibit I. In addition to the requirements expressly stated in this Section 19.1.1, Contractor and its Subcontractors will comply with any policy, rule, or reasonable requirement of AOC WSP that relates to the safeguarding or disclosure of information relating to court records, Contractor’s operations, or the Services performed by Contractor under this Contract, including without limitation the terms of the Response. Public Record.

Access and Protection. During the term of the Contract, Contractor and AOC will have access to and become acquainted with each party’s Confidential Information and Proprietary Information. Except for disclosure pursuant to Section 19.1.217.1.2, AOC and Contractor, and each of their officers, employees and agents, shall, subject to State laws, regulations, case law and court rulerules, and in accordance with this Section 19.1.117.1.1, maintain (a) all Confidential Information of the other party in strict confidence, and (b) all Proprietary Information in the same manner as it protects the confidentiality of its own proprietary information of like kind, but in no event with less than reasonable care. Neither party will at any time use, publish, reproduce or disclose any Confidential Information or Proprietary Information, except to authorized employees, contractors and agents requiring such information under confidentiality requirements no less restrictive than this Section 19.1.117.1.1, as authorized in writing by the other party, as otherwise specifically permitted herein, or to perform its obligations as authorized hereunderunder this contract. Both parties shall take all steps necessary, including without limitation oral and written instructions to all staff to safeguard, in accordance with applicable federal and State law and regulation and this Section 19.1.117.1.1, the other party’s Confidential Information and Proprietary Information against unauthorized disclosure, reproduction, publication or use, and to satisfy their obligations under this Contract. Except for disclosures pursuant to Section 19.1.2 17.1.2 below, each party agrees that prior to disclosing any Proprietary Information or Confidential Information of the other party to any third party, it will obtain from that third party a written acknowledgment that such third party will be bound by the same terms as specified in this Section 19.1.1 17.1.1 with respect to the Proprietary Information and Confidential Information. In addition to the requirements expressly stated in this Section 19.1.117.1.1, Contractor and its Subcontractors will comply with any policy, rule, or reasonable requirement of AOC that relates to the safeguarding or disclosure of information relating to court records, Contractor’s operations, or the Services performed by Contractor under this Contract.

Access and Protection. During the term of the ContractAgreement, Contractor and AOC the CalACES CONSORTIUM will have access to and become acquainted with each party’s Confidential Information and Proprietary Information. Except for disclosure pursuant to Section 19.1.2, AOC The CalACES CONSORTIUM and Contractor, and each of their officers, employees employees, and authorized contractors and agents, shall, subject to State laws, regulations, and court rule, and in accordance with this Section 19.1.1, shall maintain (a) all Confidential Information of the other party (a) in strict confidence, and (b) all Proprietary Information in at least to the same manner extent as it protects the confidentiality of its own proprietary information of like kind, (c) but in no event with less than reasonable care. In addition, the CalACES CONSORTIUM and each of their officers, employees, and authorized contractors and agents, including State and federal agencies shall maintain Contractor’s Confidential Information in strict confidence. Neither party will at any time use, publish, reproduce or disclose any Confidential Information or Proprietary Information, except to authorized officers, employees, contractors and agents requiring such information under confidentiality requirements no less restrictive than this Section 19.1.1Section, as authorized in writing by the other party, as otherwise specifically permitted herein, or and shall only use such Confidential Information to perform its obligations as authorized hereunder. Both parties shall take all steps necessary, including without limitation oral and written instructions to all staff to safeguard, in accordance with applicable federal federal, State and State law and regulation County law, regulation, codes, and this Section 19.1.1Section, the other party’s Confidential Information and Proprietary Information against unauthorized disclosure, reproduction, publication or use, and to satisfy their obligations under this ContractAgreement. Except for disclosures pursuant to Section 19.1.2 below, each Each party agrees that that, prior to disclosing any Proprietary Information or Confidential Information of the other party to any third partyparty as permitted under this Section, it will obtain from that third party a written acknowledgment that such third party will be bound by the same terms as specified in this Section 19.1.1 with respect to the Proprietary Information and Confidential Information. In addition to the requirements expressly stated in this Section 19.1.1Section, Contractor and its Subcontractors will comply with any applicable law, policy, rule, or reasonable requirement of AOC any County, the State and the federal government that relates to the safeguarding or disclosure of information relating to court recordsapplicants and recipients of the CalACES CONSORTIUM’s services, Contractor’s operations, or the Services performed by Contractor under this ContractAgreement.

Access and Protection. During the term of the ContractAgreement, Contractor and AOC the CalSAWS Consortium will have access to and become acquainted with each party’s Confidential Information and Proprietary Information. Except for disclosure pursuant to Section 19.1.2, AOC The CalSAWS Consortium and Contractor, and each of their officers, employees employees, and authorized contractors and agents, shall, subject to State laws, regulations, and court rule, and in accordance with this Section 19.1.1, shall maintain (a) all Confidential Information of the other party (a) in strict confidence, and (b) all Proprietary Information in at least to the same manner extent as it protects the confidentiality of its own proprietary information of like kind, (c) but in no event with less than reasonable care, and (d) in accordance with the Security and Confidentiality Plan Deliverable (as described in RFP Section 4.10.10), which shall be included in the Systems Operations Plan Deliverable based on Section 4.10.10 of the RFP and other mutually agreed upon Acceptance Criteria. In addition, the CalSAWS Consortium and each of its officers, employees, and authorized contractors and agents, including State and federal agencies shall maintain Contractor’s Confidential Information that is made available at Contractor’s Central Site Facility and Contractor’s backup data center under Section 4.10 of the Agreement in strict confidence. Neither party will at any time use, publish, reproduce or disclose any Confidential Information or Proprietary Information, except to authorized officers, employees, contractors and agents requiring such information under confidentiality requirements no less restrictive than this Section 19.1.117.1.1, as authorized in writing by the other party, as otherwise specifically permitted herein, or and shall only use such Confidential Information to perform its obligations as authorized hereunder. Both parties shall take all steps necessary, including without limitation oral and written instructions to all staff to safeguard, in accordance with applicable federal federal, State and State law and regulation County law, regulation, codes, and this Section 19.1.117.1.1, the other party’s Confidential Information and Proprietary Information against unauthorized disclosure, reproduction, publication or use, and to satisfy their obligations under this ContractAgreement. Except for disclosures pursuant to Section 19.1.2 below, each Each party agrees that that, prior to disclosing any Proprietary Information or Confidential Information of the other party to any third partyparty as permitted under this Section 17.1.1, it will obtain from that third party a written acknowledgment that such third party will be bound by the same terms as specified in this Section 19.1.1 17.1.1 with respect to the Proprietary Information and Confidential Information. In addition to the requirements expressly stated in this Section 19.1.117.1.1, Contractor and its Subcontractors will comply with any applicable law, policy, rule, or reasonable requirement of AOC any County, the State and the federal government that relates to the safeguarding or disclosure of information relating to court recordsapplicants and recipients of the Counties’ services, Contractor’s operations, or the Services performed by Contractor under this ContractAgreement. Contractor shall comply with changes to any such applicable law, policy, rule, or reasonable requirement in accordance with and subject to Section 14.8.

Access and Protection. During the term of the Contract, Contractor and AOC DSHS will have access to and become acquainted with each party’s Confidential Information and Proprietary Information. Except for disclosure pursuant to Section 19.1.2, AOC DSHS and Contractor, and each of their officers, employees (including the Employees for Contractor and employees for DSHS), subcontractors (including the Subcontractors for Contractor and subcontractors for DSHS) and agents, shall, subject to State laws, regulations, laws and court rule, regulations and in accordance with this Section 19.1.1, maintain (a) all Confidential Information of the other party in strict confidence, and (b) all Proprietary Information in the same manner as it protects the confidentiality of its own proprietary information of like kind, but in no event with less than reasonable care. Neither party will at any time use, publish, reproduce or disclose any Confidential Information or Proprietary InformationInformation of the other party, except to authorized employeesemployees (including the Employees), contractors subcontractors (including the Subcontractors) and agents requiring such information under confidentiality requirements no less restrictive than this Section 19.1.1, as authorized in writing by the other party, as otherwise specifically permitted herein, or to perform its obligations as authorized hereunder. Both parties shall take all steps necessary, including without limitation oral and written instructions to all staff to safeguard, in accordance with applicable federal and State law and regulation and this Section 19.1.1, the other party’s Confidential Information and Proprietary Information against unauthorized disclosure, reproduction, publication or use, and to satisfy their obligations under this Contract. Except for disclosures pursuant to Section 19.1.2 below, each party agrees that prior to disclosing any Proprietary Information or Confidential Information of the other party to any third party, it will obtain from that third party a written acknowledgment that such third party will be bound by the same terms as specified in this Section 19.1.1 with respect to the Proprietary Information and Confidential Information. Contractor shall only release such DSHS Confidential Information or DSHS Proprietary Information to Employees, agents or Subcontractors’ employees, agents or contractors who have agreed in writing to accept the terms of this section and Exhibit E. In addition to the requirements expressly stated in this Section 19.1.1, Contractor and its Subcontractors will comply with any policy, rule, or reasonable requirement of AOC DSHS that relates to the safeguarding or disclosure of information relating to court records, Contractor’s operations, or the Services performed by Contractor under this Contract., including without limitation the terms of the Response and Exhibit E.

Access and Protection. During the term of the Contract, Contractor and AOC WSP will have access to and become acquainted with each party’s Confidential Information and Proprietary Information. Except for disclosure pursuant to Section 19.1.2, AOC WSP and Contractor, and each of their officers, employees and agents, shall, subject to State laws, regulations, laws and court rule, regulations and in accordance with this Section 19.1.1, maintain (a) all Confidential Information of the other party in strict confidence, and (b) all Proprietary Information in the same manner as it protects the confidentiality of its own proprietary information of like kind, but in no event with less than reasonable care. Neither party will at any time use, publish, reproduce or disclose any Confidential Information or Proprietary Information, except to authorized employees, contractors and agents requiring such information under confidentiality requirements no less restrictive than this Section 19.1.1, as authorized in writing by the other party, as otherwise specifically permitted herein, or to perform its obligations as authorized hereunder. Both parties shall take all steps necessary, including without limitation oral and written instructions to all staff to safeguard, in accordance with applicable federal and State law and regulation and this Section 19.1.1, the other party’s Confidential Information and Proprietary Information against unauthorized disclosure, reproduction, publication or use, and to satisfy their obligations under this Contract. Except for disclosures pursuant to Section 19.1.2 below, each party agrees that prior to disclosing any Proprietary Information or Confidential Information of the other party to any third party, it will obtain from that third party a written acknowledgment that such third party will be bound by the same terms as specified in this Section 19.1.1 with respect to the Proprietary Information and Confidential Information. Contractor shall only release such WSP Confidential Information or WSP Proprietary Information to employees, agents or Subcontractors’ employees, agents or contractors who have signed a statement as found in Exhibit H and the Nondisclosure Agreement in Exhibit J. In addition to the requirements expressly stated in this Section 19.1.1, Contractor and its Subcontractors will comply with any policy, rule, or reasonable requirement of AOC WSP that relates to the safeguarding or disclosure of information relating to court records, Contractor’s operations, or the Services performed by Contractor under this Contract, including without limitation the terms of the Response. Public Record.

Access and Protection. During the term of the Contract, Contractor and AOC DSHS will have access to and become acquainted with each party’s Confidential Information and Proprietary Information. Except for disclosure pursuant to Section 19.1.2, AOC DSHS and Contractor, and each of their officers, employees and agents, shall, subject to State laws, regulations, laws and court rule, regulations and in accordance with this Section 19.1.1, maintain (a) all Confidential Information of the other party in strict confidence, and (b) all Proprietary Information in the same manner as it protects the confidentiality of its own proprietary information of like kind, but in no event with less than reasonable care. Neither party will at any time use, publish, reproduce or disclose any Confidential Information or Proprietary Information, except to authorized employees, contractors and agents requiring such information under confidentiality requirements no less restrictive than this Section 19.1.1, as authorized in writing by the other party, as otherwise specifically permitted herein, or to perform its obligations as authorized hereunder. Both parties shall take all steps necessary, including without limitation oral and written instructions to all staff to safeguard, in accordance with applicable federal and State law and regulation and this Section 19.1.1, the other party’s Confidential Information and Proprietary Information against unauthorized disclosure, reproduction, publication or use, and to satisfy their obligations under this Contract. Except for disclosures pursuant to Section 19.1.2 below, each party agrees that prior to disclosing any Proprietary Information or Confidential Information of the other party to any third party, it will obtain from that third party a written acknowledgment that such third party will be bound by the same terms as specified in this Section 19.1.1 with respect to the Proprietary Information and Confidential Information. In addition to the requirements expressly stated in this Section 19.1.1, Contractor and its Subcontractors will will: (a) comply with any policythe FCC's TRS rules regarding CPNI, rule, or reasonable requirement of AOC that relates to the safeguarding or disclosure of information relating to court records, Contractor’s operations, or the Services performed by Contractor under this Contract.found at 47 C.F.R. §§ 64.5105-5110; and