Notification of Data Breach. A. When Provider becomes aware of a disclosure or security breach concerning any Data covered by this Agreement, Provider shall immediately notify the District and take immediate steps to limit and mitigate the damage of such security breach to the greatest extent possible. B. The Parties agree that any breach of the privacy and/or confidentiality obligation set forth in the Agreement may, at the District’s discretion, result in the District immediately terminating this Agreement and refusing to enter into a contract with Provider or otherwise allow Provider access to any District Data for a period of not less than five (5) years. C. In addition to and notwithstanding any termination provision set forth in the underlying agreement(s), in which the District shares Data with Provider, this Agreement and such underlying agreement(s) may be terminated by the District if Provider fails to cure such breach within thirty (30) days of receiving written notice from the District of such breach (or such longer time necessary to cure such breach if the breach cannot be cured in 30 days). The Party in breach shall identify to the non-breaching Party all steps taken to cure such breach and the estimated timeframe for such cure.
Appears in 3 contracts
Samples: Data Sharing Agreement, Data Sharing Agreement, Data Sharing Agreement
Notification of Data Breach. A. a. When Provider becomes aware of a disclosure or security breach concerning any Data covered by this Agreement, Provider shall immediately notify the District BCSD and take immediate steps to limit and mitigate the damage of such security breach to the greatest extent possible.
B. b. The Parties agree that any breach of the privacy and/or confidentiality obligation set forth in the Agreement may, at the DistrictBCSD’s discretion, result in the District BCSD immediately terminating this Agreement and refusing to enter into a contract with Provider or otherwise allow Provider access to any District Data for a period of not less than five (5) years.
C. c. In addition to and notwithstanding any termination provision set forth in the underlying agreement(s), in which the District BCSD shares Data with Provider, this Agreement and such underlying agreement(s) may be terminated by the District BCSD if Provider fails to cure such breach within thirty (30) days of receiving written notice from the District BCSD of such breach (or such longer time necessary to cure such breach if the breach cannot be cured in 30 days). The Party in breach shall identify to the non-breaching Party all steps taken to cure such breach and the estimated timeframe for such cure.
Appears in 2 contracts
Samples: Data Sharing Agreement, Data Sharing Agreement
Notification of Data Breach. A. When Provider becomes aware of a disclosure or security breach concerning any Data covered by this Data Agreement, Provider shall immediately notify the District and take immediate steps to limit and mitigate the damage of such security breach to the greatest extent possiblepossible (Tex. Bus. & Com. Code § 521.001-152).
B. The Parties agree that any breach of the privacy and/or confidentiality obligation set forth in the Data Agreement may, at the District’s discretion, result in the District immediately terminating this Data Agreement and refusing to enter into a contract with Provider or otherwise allow Provider access to any District Data for a period of not less than five (5) years.
C. In addition to and notwithstanding any termination provision set forth in the underlying agreement(s), in which the District shares Data with Provider, this Data Agreement and such underlying agreement(s) may be terminated by the District if Provider fails to cure such breach within thirty (30) days of receiving written notice from the District of such breach (or such longer time necessary to cure such breach if the breach cannot be cured in 30 days). The Party in breach shall identify to the non-breaching Party all steps taken to cure such breach and the estimated timeframe for such cure.
Appears in 1 contract
Samples: Cooperative Agreement
Notification of Data Breach. A. When Provider becomes aware of a disclosure or security breach concerning any Data covered by this Agreement, Provider shall immediately notify the District and take immediate steps to limit and mitigate the damage of such security breach to the greatest extent possible.
B. The Parties agree that any breach of the privacy and/or confidentiality obligation set forth in the Agreement may, at the District’s discretion, result in the District immediately terminating this Agreement and refusing to enter into a contract with Provider or otherwise allow Provider access to any District Data for a period of not less than five (5) years.
C. In addition to and notwithstanding any termination provision set forth in the underlying agreement(s), ) in which the District shares Data with Provider, this Agreement and such underlying agreement(s) may be terminated by the District if Provider fails to cure such breach within thirty (30) days of receiving written notice from the District of such breach provided that it was directly caused by the Provider’s actions or omissions (or such longer time necessary to cure such breach if the breach cannot be cured in 30 days). The Party in breach shall identify to the non-breaching Party all steps taken to cure such breach and the estimated timeframe for such cure.
Appears in 1 contract
Samples: Data Sharing Agreement