Confidentiality Breach. (1) In the event of a breach by the Contractor of this Section (DATA SHARE AND PROTECTION OF CONFIDENTIAL INFORMATION AND SENSITIVE PERSONAL INFORMATION) and in addition to all other rights and remedies available to DCYF, DCYF may elect to do any of the following:
Confidentiality Breach. In the event a party breaches any of its obligations under this Section 6 (“Confidentiality”), the breaching party shall indemnify, defend and hold harmless the non-breaching party from and against any and all losses, liabilities, damages, causes of action, claims, demands, and expenses (including reasonable legal fees and expenses) incurred by the non-breaching party arising out of such breach. In addition, the non-breaching party will be entitled to obtain injunctive relief against the breaching party.
Confidentiality Breach. Required Notification, arising from intentional or negligent acts or omissions of Contractor, its officers, employees, or agents, or Subcontractors, their officers, employees, or agents, in the performance of this Contract.
Confidentiality Breach. In the event of a breach by the Center of this Section (DATA SHARE AND PROTECTION OF CONFIDENTIAL INFORMATION AND SENSITIVE PERSONAL INFORMATION) and in addition to all other rights and remedies available to PSESD, PSESD may elect to do any of the following:
7.9.1. Terminate the Contract;
7.9.2. Require that the Center return all Sensitive Personal Information of In-Home Caregivers and Confidential Information to PSESD that was previously provided to the Center by PSESD;
7.9.3. Require that the Center destroy all Sensitive Personal Information of In-Home Caregivers Confidential Information so it cannot be accessed by unauthorized individuals and cannot be recovered; or
7.9.4. Suspend the Center’s on-line access to accounts and other information.
Confidentiality Breach. (a) In the case of a breach of the provisions of Section 9.01, by JVS, SFI or SFMA, the breaching Party will promptly, upon such Party’s obtaining knowledge of such breach, inform the Operating Committee of the breach and will have 60 days to cure (which means that the breaching Party has taken prompt and satisfactory corrective action to remedy such breach of data confidentiality, and to restore data security so as to prevent further breaches of Section 9.01), and at least one extension of thirty days and approval of further extensions shall not be unreasonably withheld if the breaching Party is proceeding with diligence to remedy the breach of data confidentially and restore security to prevent further breaches. At the end of such period (and any extension thereof), if such breach is not remedied, then the Commonwealth acting by and through the Secretary, may terminate this PFS Contract pursuant to Section 8.02(e), and in accordance therewith, by written notice; provided, however, that the giving of such notice or the receipt thereof shall not be a condition precedent to such termination.
Confidentiality Breach. By NYSDOL by prior written notice to Intermediary if NYSDOL determines that there has been a breach of Section 7.1 by Intermediary, its officers, employees, agents or subcontractors (a “Confidentiality Breach”) and such breach is not Cured within 10 days after written notice of such breach from NYSDOL.
Confidentiality Breach. Violation of any provision under this section 9 is deemed a breach of the Agreement.
Confidentiality Breach. In the event of a breach by the Center of this Section and in addition to all other rights and remedies available to PSESD, PSESD may elect to do any of the following:
Confidentiality Breach. 1) If either party breaches Article 5 of this contract without causing losses or serious consequences to the non-breaching party, the breaching party shall be liable for breach of contract and the liquidated damages shall be between 5% and 10% of the contract amount.
Confidentiality Breach. An unauthorized release of identifiable or confidential data/information, which may result from a security failure, intentional inappropriate behavior, human error or natural disaster. A breach of confidentiality may or may not result in harm to one or more individuals. Individually identifiable data/information: Data/information that identifies, or is reasonably likely to be used to identify, an individual or an establishment protected under confidentiality laws. Identifiable data/information may include, but is not limited to, name, address, telephone number, Social Security number, and medical record number. Data elements used to identify an individual or protected establishment can vary depending on the geographic location and other variables (e.g., rarity of person's health condition or patient demographics). For purposes of this guideline, "identifiable information" includes potentially identifiable information.
