Common use of Obligations owed to Lead State Clause in Contracts

Obligations owed to Lead State. i. The Contractor’s employees, agents and subcontractors may have access to confidential information maintained by the Lead State to the extent necessary to carry out the Contractor's responsibilities under the Master Agreement. The Contractor shall presume that all information received pursuant to the Master Agreement is confidential unless otherwise designated by the Lead State. If it is reasonably likely the Contractor will have access to the Lead State’s confidential information, then: 1. The Contractor shall provide to the Lead State 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 Lead State at all times. Some services performed for the Lead State 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 Master Agreement. 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 Lead State. 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 Lead State. 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 Lead State and cooperate with the Lead State in any lawful effort to protect the confidential information. v. The Contractor shall immediately report to the Lead State any unauthorized disclosure of confidential information. vi. The Contractor’s confidentiality obligation under the Master Agreement shall survive termination of the Master Agreement.