Common use of Minimum Obligations Owed to Each Participating Entity and Purchasing Entity Clause in Contracts

Minimum Obligations Owed to Each Participating Entity and Purchasing Entity. i. The Contractor’s employees, agents and subcontractors may have access to confidential information maintained by the Participating Entity and/or Purchasing Entity to the extent necessary to carry out the Contractor's responsibilities. The Contractor shall presume that all information received from Participating Entity or Purchasing Entity is confidential unless otherwise designated by the Participating Entity or Purchasing Entity. If it is reasonably likely the Contractor will have access to the Participating Entity or Purchasing Entity’s confidential information, then: 1. The Contractor shall provide to the Participating Entity or Purchasing Entity a written description of the Contractor's policies and procedures to safeguard confidential information; 2. Policies of confidentiality shall address, as appropriate, information conveyed in verbal, written, and electronic formats; 3. The Contractor must designate one individual who shall remain the responsible authority in charge of all data collected, used, or disseminated by the Contractor in connection with the performance of the Contract; and 4. The Contractor shall provide adequate supervision and training to its agents, employees and subcontractors to ensure compliance with the terms of the Contract. ii. The private or confidential data shall remain the property of the Participating Entity or Purchasing Entity at all times. Some services performed for the Participating Entity or Purchasing Entity may require the Contractor to sign a nondisclosure agreement. Contractor understands and agrees that refusal or failure to sign such a nondisclosure agreement, if required, may result in termination of the Participating Addendum or Statement of Work. iii. No confidential data collected, maintained, or used in the course of performance of the Contract shall be disseminated except as authorized by law and with the written consent of the Lead State, either during the period of the Master Agreement or thereafter. Any data supplied to or created by the Contractor shall be considered the property of the Participating Entity or Purchasing Entity. The Contractor must return any and all data collected, maintained, created or used in the course of the performance of the Master Agreement, in whatever form it is maintained, promptly at the request of the Participating Entity or Purchasing Entity. iv. In the event that a subpoena or other legal process is served upon the Contractor for records containing confidential information, the Contractor shall promptly notify the Participating Entity or Purchasing Entity and cooperate with the Participating Entity or Purchasing Entity in any lawful effort to protect the confidential information. v. The Contractor shall immediately report to the Participating Entity or Purchasing Entity any unauthorized disclosure of confidential information. The Contractor’s confidentiality obligation under the Participating Addendum or Statement of Work shall survive termination of the Participating Addendum or Statement of Work.