Common use of OVERPAYMENTS AND ASSERTION OF LIEN Clause in Contracts

OVERPAYMENTS AND ASSERTION OF LIEN. In the event that the Department establishes overpayments or erroneous payments made to the contractor under this contract, the Department may secure repayment, plus interest, if any, through the filing of a lien against the contractor's real property or by requiring the posting of a bond, assignment of deposit or some other form of security acceptable to the Department or by doing both. Personal information collected, used or acquired in connection with this contract shall be used solely for the purposes of this contract. Contractor and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the Department or as provided by law. Contractor agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information. The Department reserves the rights to monitor, audit or investigate the use of personal information collected, used or acquired by the contractor through this contract. The monitoring, auditing or investigating may include but is not limited to “salting” by the Department. Contractor shall certify the return or destruction of all personal information upon expiration of this contract. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The contractor agrees to indemnify and hold harmless the Department for any damages related to the contractor’s unauthorized use of personal information. For the purposes of this provision, personal information includes but is not limited to information identifiable to an individual that relates to a natural person’s health, finances, education, business, use or receipt of governmental services or other activities, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other identifying numbers.

OVERPAYMENTS AND ASSERTION OF LIEN. In the event that the Department DOH establishes overpayments or erroneous payments made to the contractor Contractor under this contract, the Department DOH may secure repayment, plus interest, if any, through the filing of a lien against the contractorContractor's real property property, or by requiring the posting of a bond, assignment of deposit or deposit, or some other form of security acceptable to the Department DOH, or by doing both. PRIVACY – Personal information including, but not limited to “protected health information” collected, used or acquired in connection with this contract shall be used solely for the purposes of this contract. Contractor and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the Department DOH or as provided by law. Contractor agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information. The Department DOH reserves the rights right to monitor, audit audit, or investigate the use of personal information collected, used or acquired by the contractor through this contract. The monitoring, auditing auditing, or investigating may include but is not limited to “"salting” " by the DepartmentDOH. Contractor shall certify the return or destruction of all personal information upon expiration of this contract. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The contractor agrees to indemnify and hold harmless the Department DOH for any damages related to the contractor’s 's unauthorized use of personal information. For the purposes of this provision, personal information includes but is not limited to information identifiable to an individual that relates to a natural person’s 's health, finances, education, business, use or receipt of governmental services services, or other activities, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other identifying numbers. PUBLICITY – The Contractor agrees to submit to DOH all advertising and publicity matters relating to this contract wherein DOH’s name is mentioned or language used from which the connection of DOH’s name may, in DOH's judgment, be inferred or implied. The Contractor agrees not to publish or use such advertising and publicity matters without the prior written consent of DOH.