Common use of CONFIDENTIAL INFORMATION AND PRIVACY OBLIGATIONS Clause in Contracts

CONFIDENTIAL INFORMATION AND PRIVACY OBLIGATIONS. J1 The Recipient will not use any Confidential Information for any purpose outside the scope of this Agreement or disclose any Confidential Information to any person or entity, except with the Discloser’s prior written consent. J2 The obligation of nondisclosure in Section J1 will not apply to any Confidential Information that the Recipient is required to disclose by applicable law, provided that the Recipient provides the Discloser with prompt written notice of the requirement to disclose, reasonable assistance in opposing or limiting such disclosure, and limits disclosure to the Confidential Information that is strictly required by the applicable court, government agency or legal process. The Recipient may disclose Confidential Information to those of its employees, subcontractors and other representatives who have a need to know such Confidential Information in connection with the Recipient’s performance of the Consultant Services or the Client Services, as the case may be, provided that the employee, subcontractor or other representative has entered into a written confidentiality agreement with the Recipient that contains provisions that are at least as protective of the Confidential Information as the provisions of this Agreement. The Recipient will be responsible for any breach of Section J1 by its employees, subcontractors and other representatives. J3 The Recipient agrees that any unauthorized disclosure of Confidential Information may cause immediate and irreparable injury to the Discloser and that, in the event of such breach, the Discloser will be entitled, in addition to any other available remedies, to immediate injunctive and other equitable relief. J4 The Client acknowledges that all Personal Information is Confidential Information to which the provisions of Section J1 and Section J2 apply, except to the extent such provisions are inconsistent with this Section J4, which prevails with respect to Personal Information. In addition to the obligations set out in Section J1 and notwithstanding the disclosure rights set out in Section J2, the Development Consultant will, during the performance of the Consultant Services: .1 not use Personal Information for any purposes other than as specifically contemplated under this Agreement; .2 receive, collect, use, store, access, process, record, disclose, transfer, retain, dispose of, destroy, manage or otherwise handle all Personal Information in accordance with all applicable laws relating to the collection, storage, use and disclosure of Personal Information, as amended from time-to-time, including the Freedom of Information and Protection of Privacy Act of British Columbia, the regulations thereunder, and any similar statutes and laws in any other jurisdictions (collectively, “Privacy Law”); .3 perform its obligations under this Section J4 in a manner that will enable the Client to comply with Privacy Law; .4 if the Development Consultant has knowledge of any unauthorized disclosure of or access to Personal Information of any of the customers or clients of the Client, the Development Consultant will: (a) immediately report such unauthorized disclosure or access to the Client and BC Housing; (b) cooperate with the Client and BC Housing in providing any notices regarding impermissible disclosures caused by such disclosure or access which the Client or and BC Housing deems appropriate; and (c) not make any public statements about the unauthorized disclosure or access (even if such disclosure or access affects other customers of the Development Consultant) without the prior written consent of the Client and BC Housing.