Common use of Data Return and Destruction - In General Clause in Contracts

Data Return and Destruction - In General. During any period of suspension of services or of the Contract, the Contractor will not take any action to intentionally erase any NYS Confidential Information. At the expiration or termination of the Contract, the Contractor shall implement an orderly return of ITS assets and the subsequent secure disposal of ITS assets. ITS shall be entitled to any post-termination assistance generally made available by Contractor with respect to the services it provides unless a unique alternative data retrieval arrangement has been established between the Parties as part of a Service Level Agreement or other Transaction Document. At the State’s option, the Contractor must provide ITS with a copy of the NYS Confidential Information, including metadata and attachments, in a mutually agreed upon, commercially standard format at no additional charges to the State, and give the State continued access to NYS Confidential Information for no less than ninety (90) days beyond theexpiration or termination of the Contract. Thereafter, except for data required to be maintained by law or this Contract, Contractor shall destroy NYS Confidential Information from its systems and wipe all its data storage devices to eliminate any and all NYS Confidential Information from Contractor’s systems. The sanitization process must be in compliance NYS Security Policy NYS-S13-003, xxxxx://xxx.xxx.xx.xxx/document/sanitizationsecure- disposal-standard, and, where required, CJIS sanitization and disposal standards. If immediate purging of all data storage components is not possible, the Contractor will certify that any NYS Confidential Information remaining in anystorage component will be safeguarded to prevent unauthorized disclosures. Contractor must then certify to ITS, in writing, that it has complied with the provisions of this paragraph. The State may withhold payment to Contractor if NYS Confidential Information is not released to ITS in accordance with the preceding sections.

Data Return and Destruction - In General. During any period of suspension of services or of the Contract, the Contractor will not take any action to intentionally erase any NYS Confidential Information. At the expiration or termination of the Contract, the Contractor shall implement an orderly return of ITS State assets and the subsequent secure disposal of ITS State assets. ITS The State shall be entitled to any post-termination assistance generally made available by Contractor with respect to the services it provides unless a unique alternative data retrieval arrangement has been established between the Parties as part of a Service Level Agreement or other Transaction Documentin writing. At the State’s option, the Contractor must provide ITS the State with a copy of the NYS Confidential Information, including metadata and attachments, in a mutually agreed upon, commercially standard format at no additional charges to the State, and give the State continued access to NYS Confidential Information for no less than ninety (90) days beyond theexpiration the expiration or termination of the Contract. Thereafter, except for data required to be maintained by law Local, State, and Federal laws, rules, regulations, ordinances, policies, standards, or this guidelines or the Contract, Contractor shall destroy NYS Confidential Information from its systems and wipe all its data storage devices to eliminate any and all NYS Confidential Information from Contractor’s systems. The sanitization process must be in compliance the NYS Security Policy Standard, NYS-S13-003, xxxxx://xxx.xxx.xx.xxx/document/sanitizationsecure- disposal-standardavailable at xxxxx://xxx.xx.xxx/sanitization-secure-disposal-standard, and, where required, CJIS other sanitization and disposal standards. If immediate purging of all data storage components is not possible, the Contractor will certify that any NYS Confidential Information remaining in anystorage any storage component will be safeguarded to prevent unauthorized disclosuresdisclosures until such purging is possible. Contractor must then certify to ITSthe State, in writing, that it has complied with the provisions of this paragraphparagraph including providing any supporting documentation as required. The State may withhold payment to Contractor if NYS Confidential Information is not released to ITS the State in accordance with the preceding sections.

Data Return and Destruction - In General. During any period of suspension of services or of the Contract, the Contractor will not take any action to intentionally erase any NYS Confidential Information. At the expiration or termination of the Contract, the Contractor shall implement an orderly return of ITS assets and the subsequent secure disposal of ITS assets. ITS shall be entitled to any post-termination assistance generally made available by Contractor with respect to the services it provides unless a unique alternative data retrieval arrangement has been established between the Parties as part of a Service Level Agreement or other Transaction Documenttransactional document. At the State’s option, the Contractor must provide ITS with a copy of the NYS Confidential Information, including metadata and attachments, in a mutually agreed upon, commercially standard format at no additional charges to the State, and give the State continued access to NYS Confidential Information for no less than ninety (90) days beyond theexpiration or termination of the Contract. Thereafter, except for data required to be maintained by law or this Contract, Contractor shall destroy NYS Confidential Information from its systems and wipe all its data storage devices to eliminate any and all NYS Confidential Information from Contractor’s systems. The sanitization process must be in compliance NYS Security Policy NYS-S13-003, xxxxx://xxx.xxx.xx.xxx/document/sanitizationsecure- disposal-standard, and, where required, CJIS sanitization and disposal standards. If immediate purging of all data storage components is not possible, the Contractor will certify that any NYS Confidential Information remaining in anystorage component will be safeguarded to prevent unauthorized disclosures. Contractor must then certify to ITS, in writing, that it has complied with the provisions of this paragraph. The State may withhold payment to Contractor if NYS Confidential Information is not released to ITS in accordance with the preceding sections.

Data Return and Destruction - In General. During any period of suspension of services or of the Contract, the Contractor will not take any action to intentionally erase any NYS Confidential Information. At the expiration or termination of the Contract, the Contractor shall implement an orderly return of ITS assets and the subsequent secure disposal of ITS assets. ITS shall be entitled to any post-termination assistance generally made available by Contractor with respect to the services it provides unless a unique alternative data retrieval arrangement has been established between the Parties as part of a Service Level Agreement or other Transaction Document. At the State’s option, the Contractor must provide ITS with a copy of the NYS Confidential Information, including metadata and attachments, in a mutually agreed upon, commercially standard format at no additional charges to the State, and give the State continued access to NYS Confidential Information for no less than ninety (90) days beyond theexpiration the expiration or termination of the Contract. Thereafter, except for data required to be maintained by law or this Contract, Contractor shall destroy NYS Confidential Information from its systems and wipe all its data storage devices to eliminate any and all NYS Confidential Information from Contractor’s systems. The sanitization process must be in compliance NYS Security Policy NYS-S13-003, xxxxx://xxx.xxx.xx.xxx/document/sanitizationsecure- disposal-standard, and, where required, CJIS sanitization and disposal standards. If immediate purging of all data storage components is not possible, the Contractor will certify that any NYS Confidential Information remaining in anystorage component will be safeguarded to prevent unauthorized disclosures. Contractor must then certify to ITS, in writing, that it has complied with the provisions of this paragraph. The State may withhold payment to Contractor if NYS Confidential Information is not released to ITS in accordance with the preceding sections.