Common use of BREACH DISCOVERY AND NOTIFICATION Clause in Contracts

BREACH DISCOVERY AND NOTIFICATION. 5.01 Following the discovery of a Breach of Unsecured PHI, CONTRACTOR shall notify CITY of such Breach, however, both parties may agree to a delay in the notification if so advised by a law enforcement official pursuant to 45 CFR §164.412. 5.01.1 A Breach shall be treated as discovered by CONTRACTOR as of the first day on which such Breach is known to CONTRACTOR or, by exercising reasonable diligence, would have been known to CONTRACTOR. 5.01.2 CONTRACTOR shall be deemed to have knowledge of a Breach, if the Breach is known, or by exercising reasonable diligence would have been known, to any person who is an employee, officer, or other agent of CONTRACTOR, as determined by the federal common law of agency. 5.02 CONTRACTOR shall provide the notification of the Breach immediately to the CITY DHS Executive Director or other designee. 5.02.1 CONTRACTOR'S initial notification may be oral, but shall be followed by written notification within 24 hours of the oral notification. 5.03 CONTRACTOR'S notification shall include, to the extent possible:

BREACH DISCOVERY AND NOTIFICATION. 5.01 Following the discovery of a Breach of Unsecured PHI, CONTRACTOR shall notify CITY of such Breach, however, both parties may agree to a delay in the notification if so advised by a law enforcement official pursuant to 45 CFR §164.412. 5.01.1 A Breach shall be treated as discovered by CONTRACTOR as of the first day on which such Breach is known to CONTRACTOR or, by exercising reasonable diligence, would have been known to CONTRACTOR. 5.01.2 CONTRACTOR shall be deemed to have knowledge of a Breach, if the Breach is known, or by exercising reasonable diligence would have been known, to any person who is an employee, officer, or other agent of CONTRACTOR, as determined by the federal common law of agency. 5.02 CONTRACTOR shall provide the notification of the Breach immediately to the CITY DHS DEH Executive Director or other designee. 5.02.1 CONTRACTOR'S initial notification may be oral, but shall be followed by written notification within 24 hours of the oral notification. 5.03 CONTRACTOR'S notification shall include, to the extent possible:

BREACH DISCOVERY AND NOTIFICATION. 5.01 11 1. Following the discovery of a Breach of Unsecured PHI, CONTRACTOR shall notify CITY 12 COUNTY of such Breach, however, however both parties may agree to a delay in the notification if so advised by a law 13 enforcement official pursuant to 45 CFR §§ 164.412. 5.01.1 a. A Breach shall be treated as discovered by CONTRACTOR as of the first day on which 14 such Breach is known to CONTRACTOR or, by exercising reasonable diligence, would have been known 15 to CONTRACTOR. 5.01.2 b. CONTRACTOR shall be deemed to have knowledge of a Breach, if the Breach is known, 16 or by exercising reasonable diligence would have been known, to any person who is an employee, officer, or 17 other agent of CONTRACTOR, as determined by the federal common law of agency. 5.02 18 2. CONTRACTOR shall provide the notification of the Breach immediately to the CITY DHS Executive Director or other designee. 5.02.1 COUNTY Privacy Officer. CONTRACTOR'S initial ’s notification may be oral, but shall be followed by written notification 19 within 24 hours of the oral notification. 5.03 20 3. CONTRACTOR'S ’s notification shall include, to the extent possible:

BREACH DISCOVERY AND NOTIFICATION. 5.01 13 1. Following the discovery of a Breach of Unsecured PHI, CONTRACTOR shall notify CITY COUNTY of such Breach, however, however both parties may agree to a delay in the notification if so advised by a law 14 enforcement official pursuant to 45 CFR §§ 164.412. 5.01.1 15 a. A Breach shall be treated as discovered by CONTRACTOR as of the first day on which such Breach is known to CONTRACTOR or, by exercising reasonable diligence, would have been known 16 to CONTRACTOR. 5.01.2 17 b. CONTRACTOR shall be deemed to have knowledge of a Breach, if the Breach is known, 18 or by exercising reasonable diligence would have been known, to any person who is an employee, officer, or other agent of CONTRACTOR, as determined by the federal common law of agency. 5.02 19 2. CONTRACTOR shall provide the notification of the Breach immediately to the CITY DHS Executive Director or other designee. 5.02.1 COUNTY 20 Privacy Officer. CONTRACTOR'S initial ’s notification may be oral, but shall be followed by written notification within 24 twenty four (24) hours of the oral notification. 5.03 CONTRACTOR'S notification shall include, to the extent possible:

BREACH DISCOVERY AND NOTIFICATION. 5.01 10 1. Following the discovery of a Breach of Unsecured PHI, CONTRACTOR shall notify CITY COUNTY of such Breach, however, however both parties may agree to a delay in the notification if so advised by a law 11 enforcement official pursuant to 45 CFR §§ 164.412. 5.01.1 12 a. A Breach shall be treated as discovered by CONTRACTOR as of the first day on which 13 such Breach is known to CONTRACTOR or, by exercising reasonable diligence, would have been known to CONTRACTOR. 5.01.2 14 b. CONTRACTOR shall be deemed to have knowledge of a Breach, if the Breach is known, 15 or by exercising reasonable diligence would have been known, to any person who is an employee, officer, or other agent of CONTRACTOR, as determined by the federal common law of agency. 5.02 16 2. CONTRACTOR shall provide the notification of the Breach immediately to the CITY DHS Executive Director or other designee. 5.02.1 COUNTY 17 Privacy Officer. CONTRACTOR'S initial ’s notification may be oral, but shall be followed by written notification 18 within 24 twenty four (24) hours of the oral notification. 5.03 CONTRACTOR'S notification shall include, to the extent possible:

BREACH DISCOVERY AND NOTIFICATION. 5.01 1. Following the discovery of a Breach of Unsecured PHIPHI , CONTRACTOR shall notify CITY notifyCOUNTY of such Breach, however, however both parties may agree to a delay in the notification if so advised by a law enforcement official pursuant to 45 CFR §§ 164.412. 5.01.1 a. A Breach shall be treated as discovered by CONTRACTOR as of the first day on which such Breach is known to CONTRACTOR or, by exercising reasonable diligence, would have been known to CONTRACTOR. 5.01.2 b. CONTRACTOR shall be deemed to have knowledge of a Breach, if the Breach is knownisknown, or by exercising reasonable diligence would have been known, to any person who is an employee, officer, or other agent of CONTRACTOR, as determined by the federal common law of agency. 5.02 2. CONTRACTOR shall provide the notification of the Breach immediately to the CITY DHS Executive Director or other designee. 5.02.1 COUNTYP rivacy Officer. CONTRACTOR'S initial ’s notification may be oral, but shall be followed by written notification within 24 hours of the oral notification. 5.03 3. CONTRACTOR'S ’s notification shall include, to the extent possible: a. The identification of each Individual whose Unsecured PHI has been, or is reasonably