Incident Notice and Remediation. If Provider becomes aware of any Incident, Provider shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Provider can establish that Provider and its Subcontractors are not the cause or source of the Incident, Provider shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Provider shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State, at no additional cost to the State. The State may adjust or direct modifications to this plan in its sole discretion, and Provider shall make all modifications as directed by the State. If Provider cannot produce its analysis and plan within the allotted time, the State, in its discretion, may perform such analysis and produce a remediation plan, and Provider shall reimburse the State for the actual costs thereof. The State may, in its sole discretion and at Provider’s sole expense, require Provider to engage the services of an independent, qualified, State-approved third party to conduct a security audit. Provider shall provide the State with the results of such audit and evidence of Provider’s planned remediation in response to any negative findings.
Appears in 1 contract
Samples: Universal Preschool (Upk) Colorado Program Service Agreement
Incident Notice and Remediation. If Provider Contractor becomes aware of any Incident, Provider Contractor shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Provider Contractor can establish that Provider Contractor, and its agents, employees, and Subcontractors are not the cause or source of the Incident, Provider Contractor shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Provider Contractor shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State, State at no additional cost to the State. The State may adjust or direct modifications to this plan in its sole discretion, and Provider Contractor shall make all modifications as directed by the State. If Provider Contractor cannot produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Provider Contractor shall reimburse the State for the actual costs thereof. The State may, in its sole discretion and at ProviderContractor’s sole expense, require Provider Contractor to engage the services of an independent, qualified, State-approved third party to conduct a security audit. Provider Contractor shall provide the State with the results of such audit and evidence of ProviderContractor’s planned remediation in response to any negative findings.
Appears in 1 contract
Incident Notice and Remediation. If Provider Contractor becomes aware of any Incident, Provider Contractor shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Provider Contractor can establish that Provider Contractor and its Subcontractors are not the cause or source of the Incident, Provider Contractor shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Provider Contractor shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State, State at no additional cost to the State. The State may adjust or direct modifications to this plan in its sole discretion, and Provider Contractor shall make all modifications as directed by the State. If Provider Contractor cannot produce its analysis and plan within the allotted time, the State, in its discretion, may perform such analysis and produce a remediation plan, and Provider Contractor shall reimburse the State for the actual costs thereof. The State may, in its sole discretion and at ProviderContractor’s sole expense, require Provider Contractor to engage the services of an independent, qualified, State-approved third party to conduct a security audit. Provider Contractor shall provide the State with the results of such audit and evidence of ProviderContractor’s planned remediation in response to any negative findings.
Appears in 1 contract
Samples: Consultant Agreement
Incident Notice and Remediation. If Provider Contractor becomes aware of any Incident, Provider it shall notify the State immediately promptly and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Provider Contractor can establish that Provider and its neither Contractor nor any of Contractor’s agents, employees, assigns or Subcontractors are not the cause or source of the Incident, Provider Contractor shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Provider Contractor shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State, State at no additional cost to the State. The State may adjust or direct modifications to this plan in its sole discretion, and Provider Contractor shall make all modifications as directed by the State. If Provider Contractor cannot produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Provider Contractor shall reimburse the State for the actual costs thereof. The State may, in its sole discretion and at ProviderContractor’s sole expense, require Provider Contractor to engage the services of an independent, qualified, State-approved third party to conduct a security audit. Provider Contractor shall provide the State with the results of such audit and evidence of ProviderContractor’s planned remediation in response to any negative findings.
Appears in 1 contract
Samples: Participating Addendum
Incident Notice and Remediation. If Provider Contractor becomes aware of any Incident, Provider Contractor shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Provider Contractor can establish that Provider Contractor and its Subcontractors are not the cause or source of the Incident, Provider Contractor shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Provider Contractor shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State, State at no additional cost to the State. The State may adjust or direct modifications to this plan in its sole discretion, and Provider Contractor shall make all modifications as directed by the State. If Provider Contractor cannot produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Provider Contractor shall reimburse the State for the actual costs thereof. The State may, in its sole discretion and at ProviderContractor’s sole expense, require Provider Contractor to engage the services of an independent, qualified, State-approved third party to conduct a security audit. Provider Contractor shall provide the State with the results of such audit and evidence of ProviderContractor’s planned remediation in response to any negative findings.
Appears in 1 contract
Incident Notice and Remediation. If Provider Contractor becomes aware of any Incident, Provider it shall notify the State immediately as soon as possible, and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Provider Contractor can establish that Provider and its neither Contractor nor any of Contractor’s agents, employees, assigns or Subcontractors are not the cause or source of the Incident, Provider Contractor shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Provider Contractor shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State, State at no additional cost to the State. The State may adjust or direct modifications to this plan in its sole discretion, and Provider shall make all modifications as directed by the State. If Provider cannot produce its analysis and plan within the allotted time, the State, in its discretion, may perform such analysis and produce a remediation plan, and Provider shall reimburse the State for the actual costs thereof. The State may, in its sole discretion and at ProviderContractor’s sole expense, require Provider Contractor to engage the services of an independent, qualified, State-approved third party to conduct a security audit. Provider Contractor shall provide the State with the redacted version of results of such audit and evidence of ProviderContractor’s planned remediation in response to any negative findings, redacting Contractor’s confidential restricted information, to the extent there is any such confidential, restricted information included in the audit results.
Appears in 1 contract
Samples: Participating Addendum
Incident Notice and Remediation. If Provider Contractor becomes aware of any Incident, Provider it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Provider Contractor can establish that Provider and its neither Contractor nor any of Contractor’s agents, employees, assigns or Subcontractors are not the cause or source of the Incident, Provider Contractor shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Provider Contractor shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State, State at no additional cost to the State. The State may adjust or direct modifications to this plan in its sole discretion, and Provider Contractor shall make all modifications as directed by the State. If Provider Contractor cannot produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Provider Contractor shall reimburse the State for the actual costs thereof. The State may, in its sole discretion and at ProviderContractor’s sole expense, require Provider Contractor to engage the services of an independent, qualified, State-approved third party to conduct a security audit. Provider Contractor shall provide the State with the results of such audit and evidence of ProviderContractor’s planned remediation in response to any negative findings.
Appears in 1 contract
Samples: Participating Addendum
Incident Notice and Remediation. If Provider Contractor becomes aware of any Incident, Provider it shall notify the State immediately promptly and reasonably cooperate with the State regarding recovery, and remediation, and the necessity to involve law enforcement, as determined by the State. Unless Provider If the State can establish that Provider and its Contractor or any of Contractor’s agents, employees, assigns or Subcontractors are not is the sole proximate cause or source of the Incident, Provider Contractor shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Provider Contractor shall take reasonable steps to reduce the risk of incurring a similar type of Incident in the future as directed advised by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by shared with the State, State at no additional cost to the State. The State may adjust or direct modifications to this plan in its sole discretion, as it applies to the State and Provider shall make all its Purchasing Entities only, to the extent that such requested modifications as directed by do not increase the Statesecurity risk or the cost of providing Services under this Agreement, and to the extent that such modifications do not negatively impact Contractor's security or Contractor's customers' security or confidentiality. If Provider Contractor cannot produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Provider Contractor shall reimburse the State for the actual costs thereof. The State may, in its sole discretion and at ProviderContractor’s sole expense, require Provider Contractor to engage the services of an independent, qualified, State-approved third party to conduct a security audit. Provider Contractor shall provide the State with the results of such audit and evidence of ProviderContractor’s planned remediation in response to any negative findings.
Appears in 1 contract
Samples: Participating Addendum