Breach of Data. In the event of a breach by the Contractor of this Exhibit and in addition to all other rights and remedies available to DCYF, DCYF may elect to do any of the following:
Breach of Data. In the event of a breach by the Contractor of this Exhibit and in addition to all other rights and remedies available to CACWA, CACWA may elect to do any of the following:
Breach of Data. If CONSULTANT experiences a security breach concerning any education record covered by this agreement, then CONSULTANT will immediately notify the DISTRICT (no later than 48 hours after the breach has occurred) and CONSULTANT will take immediate steps to limit and mitigate such security breach to the extent possible. The parties agree that any breach of the confidentiality obligation set forth in the agreement may, at DISTRICT’s discretion, result in cancellation of further consideration for contract award and the CONSULTANT would be barred from providing services to the DISTRICT for a period of five (5) years. In addition, CONSULTANT agrees to indemnify and hold the DISTRICT harmless for any loss, cost, damage or expense suffered by DISTRICT, including but not limited to the cost of notification of affected persons, as a direct result of the unauthorized disclosure of education records. Upon termination of agreement, CONSULTANT shall have 10 days to return and/or destroy all data or information received from DISTRICT. CONSULTANT shall not retain copies of any data or information received from DISTRICT. Furthermore, CONSULTANT shall ensure that they dispose of any and all data or information received from DISTRICT in a DISTRICT approved manner that maintains the confidentiality of the contents of such records (e.g. shredding paper records, erasing and reformatting hard drives, erasing and/or physically destroying any portable electronic devices). CONSULTANT must provide the DISTRICT with proof or certification of a wipedown of data within 10 days after the termination of this agreement.
Breach of Data. To the extent Contractor receives Personal Information as defined by and in accordance with Kentucky’s Personal Information Security and Breach Investigation Procedures and Practices Act, KRS 61.931-934 (the “Act”), Contractor shall secure and protect the Personal Information (and ensure the same of its agents or subcontractors having access to the Personal Information) by, without limitation: (i) complying with all requirements applicable to non-affiliated third parties as set forth in the Act; (ii) utilizing security and breach investigation procedures that are appropriate to the nature of the Personal Information disclosed, at least as stringent as University’s and reasonably designed to protect the Personal Information from unauthorized access, use, modification, disclosure, manipulation, or destruction or that meet industry standard practices for protecting Personal Information from unauthorized access, use, modification, disclosure, manipulation, or destruction; (iii) notifying NKU of a security breach relating to Personal Information in the possession of Contractor or its agents or subcontractors within seventy-two (72) hours of discovery of an actual or suspected breach unless the exception set forth in KRS 61.932(2)(b)2 applies and Company abides by the requirements set forth in that exception; (iv) paying all costs of notification, investigation and mitigation in the event of a security breach of Personal Information caused by the actions or inactions of Contractor (“NIM Costs”); (v) cooperate with NKU in complying with the response, mitigation, correction, investigation and notification requirements of the Act including undertaking a prompt and reasonable investigation of any security breach; and (vi) at NKU’s discretion and direction, handling all administrative functions associated with notification, investigation and mitigation, in accordance with the Act’s requirements. The Contractor agrees that NKU may withhold payment(s) owed to the Contractor for any violation of these identity theft prevention reporting requirements or failure to pay NIM Costs.
Breach of Data
