Common use of Exhibits and Order of Precedence Clause in Contracts

Exhibits and Order of Precedence. Each of the attachments listed below is by this reference hereby incorporated into this contract. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:  Applicable Federal and state of Washington statutes and regulations  Exhibit A – Student-Level Data Request Form  Exhibit B – Statement of Confidentiality and Non-Disclosure  Exhibit C – Certification of Data Destruction  Exhibit D – Authorized Users for Contractor  Exhibit E – Data Approved For Sharing  Exhibit F – Contract #  Any other provision, term or material incorporated herein by reference or otherwise incorporated APPROVAL This Agreement shall be subject to the written approval of the Superintendent’s authorized representative and shall not be binding until so approved. The Agreement may be altered, amended, or waived only by a written amendment executed by both parties. We the undersigned agree to the terms of the foregoing Agreement. Requestor Superintendent of Public Instruction State of Washington Signature Title Xxxx X. Xxxxx, Contracts Administrator Print Name Date Date Who certifies that he/she is the Contractor identified herein, OR a person duly qualified and authorized to bind the Contractor so identified to the foregoing Agreement. Approved as to FORM ONLY by the Assistant Attorney General Page 6 of 9 Datashare Agreement #xxxxID-xxx/Contract #between OSPI and Requestor Student-Level Data Request Form Data Sharing Agreement Please click on the link below and read the Data Sharing Agreement Template: xxxx://x00.xx.xx/DataAdmin/DataSharing/pubdocs/DataSharingAgreement_Form.pdf After the data request has been processed and approved, OSPI will email the requestor a completed Data Sharing Agreement, which will need to be signed and returned to OSPI. Please note that there are minor differences between the agreements for identifiable and de-identified student data. By checking the following boxes, I acknowledge that I have read, agree to, and am willing to abide by the terms of the Data Sharing Agreement. Specifically, I acknowledge that: * I will be able to sign the agreement as it is written. OSPI does not have the capacity or resources to review individual requests for changes to the Data Sharing Agreement. I have the capacity to restrict access of the data solely to Authorized Users . I will ensure that the data are used solely for the purpose, scope, and duration, which will be described later in this form. I will comply with the data security policies and procedures described in the Data Sharing Agreement. I will store all de-identified data on secure data servers using industry identified best practices. I will provide a copy of any products or reports to OSPI prior to publication. I will destroy the data within 45 days after it is no longer needed or upon termination of agreement, whichever comes first. Contact Information Primary Contact First Name * Last Name * Email Address * Phone Number * Organization * Job Title (If Applicable) Mailing Address * Apt/Suite/Office City * State * Zip * Secondary Contact (If Applicable) First Name Last Name Email Address Phone Number Organization Job Title (If Applicable) Mailing Address Apt/Suite/Office City State Zip If the primary contact were to leave the affiliated organization, who would accept responsibility of the data? Please provide name, phone number, and email if available. Purpose, Scope, & Duration

Exhibits and Order of Precedence. Each of the attachments listed below is by this reference hereby incorporated into this contract. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:  • Applicable Federal and state of Washington statutes and regulations  • Exhibit A – Student-Level Data Request Form  • Exhibit B – Statement of Confidentiality and Non-Disclosure  • Exhibit C – Certification of Data Destruction  • Exhibit D – Authorized Users for Contractor  • Exhibit E – Data Approved For Sharing  • Exhibit F – Contract #  • Any other provision, term or material incorporated herein by reference or otherwise incorporated APPROVAL This Agreement shall be subject to the written approval of the Superintendent’s authorized representative and shall not be binding until so approved. The Agreement may be altered, amended, or waived only by a written amendment executed by both parties. We the undersigned agree to the terms of the foregoing Agreement. Requestor Superintendent of Public Instruction State of Washington Signature Title Xxxx X. Xxxxx, Contracts Administrator Print Name Date Date Who certifies that he/she is the Contractor identified herein, OR a person duly qualified and authorized to bind the Contractor so identified to the foregoing Agreement. Approved as to FORM ONLY by the Assistant Attorney General Page 6 of 9 Datashare Agreement #xxxxID-xxx/Contract #between OSPI and Requestor Student-Level Data Request Form Data Sharing Agreement Please click on the link below and read the Data Sharing Agreement Template: xxxx://x00.xx.xx/DataAdmin/DataSharing/pubdocs/DataSharingAgreement_Form.pdf After the data request has been processed and approved, OSPI will email the requestor a completed Data Sharing Agreement, which will need to be signed and returned to OSPI. Please note that there are minor differences between the agreements for identifiable and de-identified student data. By checking the following boxes, I acknowledge that I have read, agree to, and am willing to abide by the terms of the Data Sharing Agreement. Specifically, I acknowledge that: * I will be able to sign the agreement as it is written. OSPI does not have the capacity or resources to review individual requests for changes to the Data Sharing Agreement. I have the capacity to restrict access of the data solely to Authorized Users . I will ensure that the data are used solely for the purpose, scope, and duration, which will be described later in this form. I will comply with the data security policies and procedures described in the Data Sharing Agreement. I will store all de-identified data on secure data servers using industry identified best practices. I will provide a copy of any products or reports to OSPI prior to publication. I will destroy the data within 45 days after it is no longer needed or upon termination of agreement, whichever comes first. Contact Information Primary Contact First Name * Last Name * Email Address * Phone Number * Organization * Job Title (If Applicable) Mailing Address * Apt/Suite/Office City * State * Zip * Secondary Contact (If Applicable) First Name Last Name Email Address Phone Number Organization Job Title (If Applicable) Mailing Address Apt/Suite/Office City State Zip If the primary contact were to leave the affiliated organization, who would accept responsibility of the data? Please provide name, phone number, and email if available. Purpose, Scope, & Duration

Exhibits and Order of Precedence. Each of the attachments listed below is by this reference hereby incorporated into this contract. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:  • Applicable Federal and state of Washington statutes and regulations  • Exhibit A – –Student-Level Data Request Form  • Exhibit B – Statement of Confidentiality and Non-Disclosure  • Exhibit C – Certification of Of Data Destruction  • Exhibit D – Authorized Users for Contractor  Researcher • Exhibit E – Data Approved For Sharing  Exhibit F – Contract #  • Any other provision, term or material incorporated herein by reference or otherwise incorporated APPROVAL This Agreement shall be subject to the written approval of the Superintendent’s authorized representative and shall not be binding until so approved. The Agreement may be altered, amended, or waived only by a written amendment executed by both parties. We the undersigned agree to the terms of the foregoing Agreement. Requestor Xxxxx Xxxxxxxxx Researcher Name Director of Student Information Researcher Organization Office of Superintendent of Public Instruction State Xxxxx Xxxxxx Director of Washington Signature Title Xxxx X. Xxxxx, Contracts Administrator Print Name Date Date Who certifies that he/she is the Contractor identified herein, OR a person duly qualified and authorized to bind the Contractor so identified to the foregoing Agreement. Approved as to FORM ONLY by the Assistant Attorney General Page 6 Professional Certification Office of 9 Datashare Agreement #xxxxID-xxx/Contract #between OSPI and Requestor Superintendent of Public Instruction EXHIBIT A Student-Level Data Request Form Data Sharing Agreement Please click on the link below and read the Data Sharing Agreement Template: xxxx://x00.xx.xx/DataAdmin/DataSharing/pubdocs/DataSharingAgreement_Form.pdf After the data request has been processed and approved, OSPI will email the requestor a completed Data Sharing Agreement, which will need to be signed and returned to OSPI. Please note that there are minor differences between the agreements for identifiable and deEXHIBIT B OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION STATEMENT OF CONFIDENTIALITY AND NON-identified student data. By checking the following boxes, DISCLOSURE I acknowledge that I have read, agree to, am an “Authorized User” under this Data-Sharing Agreement and am willing to abide by the terms of the Data Sharing Agreement. Specifically, I acknowledge that: * understand that I will be able have access to sign the agreement as it is written. OSPI does not have the capacity or resources to review individual requests for changes to the Data Sharing Agreementde-identified student-level information provided by OSPI. I have the capacity to restrict access of the data solely to Authorized Users . I will ensure understand that the data are information may be used solely for the purposepurposes of work outlined in Exhibit A. • I have been informed and understand that all information related to this Agreement is confidential and may not be disclosed to unauthorized persons. I agree not to divulge, scopetransfer, sell, or otherwise make known to unauthorized persons any information contained in this system. • I also understand that I am not to access or use this information for my own personal information but only to the extent necessary and for the purpose of performing my assigned duties as a researcher related to this Agreement. I understand that if I participate in any unauthorized disclosure of confidential information I may be subject to applicable disciplinary, civil, and duration, which will be described later in this formcriminal proceedings and/or penalties. • I will comply with applicable state and federal student privacy laws, including without limitation the data security policies and procedures described in Family Education Rights Privacy Act, 20 U.S.C. 1232(g); the Data Sharing AgreementXxxxxxx X. Xxxxxxx National School Lunch Act, 42 U.S.C. 1751 et seq.; the Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq. • I will store all protect the de-identified data on secure data servers using industry identified best practicesin a manner that does not permit personal identification of students. I Signature: Date: Printed Name, Title: Organization hereby assures the Office of Superintendent of Public Instruction (OSPI) that: (1) the above named person has been informed of the obligations and limitations respecting the non- disclosure of information established by the Data-Sharing Agreement between and OSPI, (2) no student-level information will provide a copy of be disclosed to any products person or reports entity not expressly authorized by or pursuant to the Agreement to receive such information, (3) shall adequately safeguard all such confidential information from disclosure or access to by unauthorized persons, and (4) all confidential information provided by or through OSPI will be returned to OSPI or destroyed prior to publication. I will destroy the data within 45 days after it is no longer needed expiration of the Agreement, or immediately upon termination of agreementthe Agreement by either party. Signature: Date: Printed Name, whichever comes first. Contact Information Primary Contact First Name * Last Name * Email Address * Phone Number * Organization * Job Title Title: (If ApplicableAn original of this signed document must be returned to the Office of Superintendent of Public Instruction.) Mailing Address * Apt/Suite/Office City * State * Zip * Secondary Contact (If Applicable) First Name Last Name Email Address Phone Number Organization Job Title (If Applicable) Mailing Address Apt/Suite/Office City State Zip If the primary contact were EXHIBIT C CERTIFICATION OF DATA DESTRUCTION This form must be signed by Researcher and returned to leave the affiliated organization, who would accept responsibility OSPI within 15 days of the data? Please provide name, phone number, and email if availabledate of dis- posal. Purpose, Scope, & DurationAcceptable destruction methods for various types of media include:

Exhibits and Order of Precedence. Each of the attachments listed below is by this reference hereby incorporated into this contract. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:  Applicable Federal and state of Washington statutes and regulations  Exhibit A – Student-Level Data Request Form  Exhibit B – Statement of Confidentiality and Non-Disclosure  Exhibit C – Certification of Data Destruction  Exhibit D – Authorized Users for Contractor  Exhibit E – Data Approved For Sharing  Exhibit F – Contract #  Any other provision, term or material incorporated herein by reference or otherwise incorporated APPROVAL This Agreement shall be subject to the written approval of the Superintendent’s authorized representative and shall not be binding until so approved. The Agreement may be altered, amended, or waived only by a written amendment executed by both parties. We the undersigned agree to the terms of the foregoing Agreement. Requestor Superintendent of Public Instruction State of Washington Signature Title Xxxx X. Xxxxx, Contracts Administrator Print Name Date Date Who certifies that he/she is the Contractor identified herein, OR a person duly qualified and authorized to bind the Contractor so identified to the foregoing Agreement. Approved as to FORM ONLY by the Assistant Attorney General Page 6 of 9 Datashare Agreement #xxxxIDEXHIBIT B STATEMENT OF CONFIDENTIALITY AND NON-xxx/Contract #between OSPI and Requestor Student-Level Data Request Form Data Sharing Agreement Please click on the link below and read the Data Sharing Agreement Template: xxxx://x00.xx.xx/DataAdmin/DataSharing/pubdocs/DataSharingAgreement_Form.pdf After the data request has been processed and approved, OSPI will email the requestor a completed Data Sharing Agreement, which will need to be signed and returned to OSPI. Please note that there are minor differences between the agreements for identifiable and de-identified student data. By checking the following boxes, DISCLOSURE OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION I acknowledge that I have read, agree to, am an “Authorized User” under this Data-Sharing Agreement and am willing to abide by the terms of the Data Sharing Agreement. Specifically, I acknowledge that: * understand that I will be able have access to sign the agreement as it is written. OSPI does not have the capacity or resources to review individual requests for changes to the Data Sharing Agreementstudent-level information provided by OSPI. I have the capacity to restrict access of the data solely to Authorized Users . I will ensure understand that the data are information may be used solely for the purposepurposes of work outlined in Exhibit A.  I have been informed and understand that all information related to this Agreement is confidential and may not be disclosed to unauthorized persons. I agree not to divulge, scopetransfer, sell, or otherwise make known to unauthorized persons any information contained in this system.  I also understand that I am not to access or use this information for my own personal information but only to the extent necessary and for the purpose of performing my assigned duties as a Contractor related to this Agreement. I understand that if I participate in any unauthorized disclosure of confidential information I may be subject to applicable disciplinary, civil, and duration, which will be described later in this formcriminal proceedings and/or penalties.  I will comply with applicable state and federal student privacy laws, including without limitation the Family Education Rights Privacy Act, 20 U.S.C. 1892(g); the Xxxxxxx X. Xxxxxxx National School Lunch Act, 42 U.S.C. 1751 et seq.; the Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq.  I will protect the data security policies in a manner that does not permit personal identification of students. Signature Date Printed Name, Title Requestor hereby assures the Office of Superintendent of Public Instruction (OSPI) that: (1) the above named person has been informed of the obligations and procedures described in limitations respecting the Data non- disclosure of information established by the Data-Sharing Agreement. I Agreement between Requestor and OSPI, (2) no student-level information will store be disclosed to any person or entity not expressly authorized by or pursuant to the Agreement to receive such information, (3) Requestor shall adequately safeguard all de-identified data on secure data servers using industry identified best practices. I such confidential information from disclosure or access to by unauthorized persons (4) all confidential information provided by or through OSPI will provide a copy of any products or reports be returned to OSPI or destroyed prior to publication. I will destroy the data within 45 days after it is no longer needed expiration of the Agreement, or immediately upon termination of agreementthe Agreement by either party; and (5) Contractor has adequate supervision and control over its employees, whichever comes firstofficers, contractors, and subcontractors to ensure their compliance with these Assurances. Contact Information Primary Contact First Name * Last Name * Email Address * Phone Number * Organization * Job Signature Date Printed Name, Title (If ApplicableAn original of this signed document must be returned to the Office of Superintendent of Public Instruction.) Mailing Address * Apt/Suite/Office City * State * Zip * Secondary Contact (If Applicable) First Name Last Name Email Address Phone Number Organization Job Title (If Applicable) Mailing Address Apt/Suite/Office City State Zip If the primary contact were EXHIBIT C CERTIFICATION OF DATA DESTRUCTION This form must be signed by Contractor and returned to leave the affiliated organization, who would accept responsibility OSPI within 15 days of the data? Please provide name, phone number, and email if availabledate of dis- posal. Purpose, Scope, & DurationAcceptable destruction methods for various types of media include: