Common use of RECORDS, DOCUMENTS AND INFORMATION Clause in Contracts

RECORDS, DOCUMENTS AND INFORMATION. GRANTEE agrees that all records, documents, writings, and other information, created or used pursuant to this Agreement will be treated according to the following terms, and that the terms will be included in any subgrant agreements executed for the performance of Activities relative to this Agreement: A. [PUBLIC UNIVERSITY] ODJFS agrees that any documents, reports, data, photographs (including negatives), electronic reports and records, and other media produced under this Agreement or with funds provided by this Subgrant will become the property of SUBGRANTEE, which will have the unrestricted right to reproduce, distribute, modify, maintain and use in any way it deems appropriate. However, ODJFS is hereby granted a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, modify, distribute, or otherwise use, and to authorize others to use for state or federal purposes: 1. The copyright in any work developed in whole or part with funds provided pursuant to this Subgrant; and 2. Any rights of copyright SUBGRANTEE purchases in whole or part with funds provided pursuant to this Subgrant. SUBGRANTEE also agrees that all materials and items produced under this Agreement will be made freely available to the general public unless ODJFS determines that, pursuant to federal and state laws, such materials are confidential. A. GRANTEE agrees that any media produced pursuant to this Agreement or acquired with Grant funds will become the property of ODJFS. This includes all documents, reports, data, photographs (including negatives), and electronic reports and records. ODJFS will maintain the unrestricted right to reproduce, distribute, modify, maintain, and use the media in any way ODJFS deems appropriate. GRANTEE further agrees not to seek or obtain copyright, patent or other proprietary protection for any materials or items produced under this Agreement. GRANTEE understands that all materials and items produced under this Agreement will be made freely available to the public unless ODJFS determines that certain materials are confidential under federal or state law. B. All ODJFS information that is classified as public or private under Ohio law and ODJFS rules will be treated as such by GRANTEE. Should the nature of any information be in question, ODJFS will determine whether the information is public or private. GRANTEE will restrict the use of any information, systems, or records ODJFS provides to the specific Grant activities of this Agreement. GRANTEE and its employees agree to be bound by the same standards and rules of confidentiality that apply to employees of ODJFS and the State of Ohio. GRANTEE agrees that the terms of this Section will be included in any contract or subgrant executed by GRANTEE for work under this Agreement. C. GRANTEE information that is proprietary and has been specifically identified by GRANTEE as proprietary will be held as confidential by ODJFS. Proprietary information is information that would put GRANTEE at a competitive disadvantage in GRANTEE’s market place and trade if it were made public. ODJFS reserves the right to require reasonable evidence of GRANTEE’s assertion of the proprietary nature of any information. The provisions of this ARTICLE are not self-executing. GRANTEE must demonstrate that any information claimed as proprietary meets the definition of “trade secrets” found at ORC 1333.61. D. For Audit Purposes Only: All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFS, and copies of all materials produced under or pertaining to this Agreement will be retained by GRANTEE and will be made available for audit by state and federal government entities that include but not limited to, ODJFS, the Ohio Auditor of State, the Ohio Inspector General and all duly authorized law enforcement officials. The records and materials will be retained and made available for a minimum of three years after GRANTEE receives the last payment pursuant to this Agreement. If an audit, litigation or similar action is initiated during this time period, GRANTEE will retain the records until the action is concluded and all issues are resolved, or until the end of the three (3) year period if the action is resolved prior to the end of the three-year period. If applicable, GRANTEE must meet the requirements of OMB Omni- Circular, 2 CFR Part 200. GRANTEE acknowledges, in accordance with ORC 149.43, that financial records related to the performance of services under this Agreement are presumptively deemed public records. E. All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFS, and copies of all materials produced under or pertaining to this Grant will be retained by GRANTEE in accordance to the appropriate records retention schedule. The appropriate records retention schedule for this Grant is [INSERT RECORDS SCHEDULE], [Must be a minimum of three (3) years-DO NOT INCLUDE IN THE AGREEMENT]. If any records are destroyed prior to the date as determined by the appropriate records retention schedule, GRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. F. GRANTEE agrees to retain all records in accordance to any litigation holds that are provided to them by ODJFS, and actively participate in the discovery process if required to do so, at no additional charge. Litigation holds may require GRANTEE to keep the records longer than the approved records retention schedule. GRANTEE will be notified by ODJFS when the litigation hold ends and retention can resume based on the approved records retention schedule. If GRANTEE fails to retain the pertinent records after receiving a litigation hold from ODJFS, GRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. G. GRANTEE hereby agrees to current and ongoing compliance with Title 42, Sections 1320d through 1320d- 8 of the United States Code (USC) and the implementing regulations found at Title 45, Sections 164.502(e) and 164.504(e) of the Code of Federal Regulations (CFR) regarding disclosure of Protected Health Information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). GRANTEE further agrees to include the terms of this Section in any subgrant agreements that may be executed pursuant to this Agreement.

RECORDS, DOCUMENTS AND INFORMATION. GRANTEE SUBGRANTEE agrees that all records, documents, writings, and other information, created or used pursuant to this Agreement will be treated according to the following terms, and that the terms will be included in any subgrant agreements executed for the performance of Subgrant Activities relative to this Agreement: A. [PUBLIC UNIVERSITY] ODJFS X. XXX agrees that any media (including documents, reports, data, photographs, and electronic reports and records) produced pursuant to this Agreement or acquired with Subgrant funds will become the property of SUBGRANTEE. However, SUBGRANTEE is required to obtain ODM prior approval for release of any results, including preliminary and/or final results, related to funded projects or funded data under this Agreement, and any documents, reports, data, photographs (including negatives), electronic reports and records, and other media produced under this Agreement or with funds provided by this Subgrant will become the property of SUBGRANTEEAgreement. Additionally, which will have the unrestricted right SUBGRANTEE grants to reproduce, distribute, modify, maintain and use in any way it deems appropriate. However, ODJFS is hereby granted ODM a perpetual royalty-free, nonexclusive, and irrevocable license to use, reproduce, publish, modify, distribute, or otherwise useand distribute any such media[, and to authorize others to use for state or federal purposes: 1. The copyright in any work developed in whole or part with funds provided pursuant to this Subgrant; and 2. Any rights of copyright SUBGRANTEE purchases in whole or in part with funds provided pursuant to this Subgrant. SUBGRANTEE also agrees that all materials and items produced under this Agreement will be made freely available to the general public unless ODJFS ODM determines that, pursuant to federal and state laws, such materials are confidential. A. GRANTEE agrees that any media produced pursuant to this Agreement or acquired with Grant funds will become the property of ODJFS. This includes all documents, reports, data, photographs (including negatives), and electronic reports and records. ODJFS will maintain the unrestricted right to reproduce, distribute, modify, maintain, and use the media in any way ODJFS deems appropriate. GRANTEE further agrees not to seek or obtain copyright, patent or other proprietary protection for any materials or items produced under this Agreement. GRANTEE understands that all materials and items produced under this Agreement will be made freely available to the public unless ODJFS determines that certain materials are confidential under federal or state law. B. All ODJFS ODM information that is classified as public or private under Ohio law and ODJFS ODM rules will be treated as such by GRANTEESUBGRANTEE. Should the nature of any information be in question, ODJFS ODM will determine whether the information is public or private. GRANTEE SUBGRANTEE will restrict the use of any information, systems, or records ODJFS ODM provides to the specific Grant Subgrant activities of this Agreement. GRANTEE SUBGRANTEE and its employees agree to be bound by the same standards and rules of confidentiality that apply to employees of ODJFS ODM and the State of Ohio. GRANTEE SUBGRANTEE agrees that the terms of this Section B will be included in any contract or subgrant executed by GRANTEE SUBGRANTEE for work under this Agreement. C. GRANTEE SUBGRANTEE information that is proprietary and has been specifically identified by GRANTEE SUBGRANTEE as proprietary will be held as confidential by ODJFSODM. Proprietary information is information that would put GRANTEE SUBGRANTEE at a competitive disadvantage in GRANTEESUBGRANTEE’s market place and trade if it were made public. ODJFS ODM reserves the right to require reasonable evidence of GRANTEESUBGRANTEE’s assertion of the proprietary nature of any information. The provisions of this ARTICLE Article are not self-executing. GRANTEE SUBGRANTEE must demonstrate that any information claimed as proprietary meets the definition of “trade secrets” found at ORC 1333.61, and shall defend such a claim. D. For Audit Purposes Only: All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFSODM, and copies of all materials produced under or pertaining to this Agreement will be retained by GRANTEE SUBGRANTEE and will be made available for audit by state and federal government entities that include include, but not limited to, ODJFSODM, the Ohio Auditor of State, the Ohio Inspector General and all duly authorized law enforcement officials. The records and materials will be retained and made available for a minimum of three years after GRANTEE SUBGRANTEE receives the last payment pursuant to this Agreement. If an audit, litigation audit or similar action is initiated during this time period, GRANTEE SUBGRANTEE will retain the records until the action is concluded and all issues are resolved, or until the end of the three (3) three-year period if the action is resolved prior to the end of the three-year period, unless otherwise directed below in Section E of this Article. If applicable, GRANTEE SUBGRANTEE must meet the requirements of the OMB Omni- Omni-Circular, 2 CFR Part 200. GRANTEE , Subpart D and F. SUBGRANTEE acknowledges, in accordance with ORC 149.43, that financial records related to the performance of services under this Agreement are presumptively deemed public records. E. All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFSODM, and copies of all materials produced under or pertaining to this Grant Agreement will be retained by GRANTEE SUBGRANTEE in accordance to the appropriate records retention schedule. The appropriate records retention schedule for this Grant Agreement is [INSERT RECORDS SCHEDULE], [Must be a minimum of three five (35) years-DO NOT INCLUDE IN THE AGREEMENT]. If any records are destroyed prior to the date as determined by the appropriate records retention schedule, GRANTEE SUBGRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. F. GRANTEE X. XXXXXXXXXX agrees to retain all records in accordance to any litigation holds that are provided to them by ODJFSODM, and actively participate in the discovery process if required to do so, at no additional charge. Litigation holds may require GRANTEE SUBGRANTEE to keep the records longer than the approved records retention schedule. GRANTEE SUBGRANTEE will be notified by ODJFS ODM when the litigation hold ends and retention can resume based on the approved records retention schedule. If GRANTEE SUBGRANTEE fails to retain the pertinent records after receiving a litigation hold from ODJFSODM, GRANTEE SUBGRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. G. GRANTEE X. XXXXXXXXXX hereby agrees to current and ongoing compliance with Title 42, Sections Section 1320d through 1320d- 8 1320d-8 of the United States Code (USC42 USC 1320d -1320d-8) and the implementing regulations found at Title 45, Sections 45 CFR 164.502(e) and 164.504(e) of the Code of Federal Regulations (CFR) regarding disclosure of Protected Health Information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). GRANTEE SUBGRANTEE further agrees to include the terms of this Section in any subgrant agreements that may be executed pursuant to this Agreement.

RECORDS, DOCUMENTS AND INFORMATION. GRANTEE agrees that all records, documents, writings, and other information, created or regardless of medium, produced by GRANTEE under this Grant Agreement, and all records, documents, writings and other information, regardless of medium, used pursuant to by GRANTEE in the performance of this Grant Agreement will be treated according to the following terms, and that the terms will be included in any subgrant agreements executed for the performance of Activities relative to this Agreement: A. [PUBLIC UNIVERSITY] ODJFS GRANTEE agrees that any documents, reports, data, photographs (including negatives), electronic reports and records, and other media produced under this Grant Agreement or with funds provided by this Subgrant Grant will become the property of SUBGRANTEE, which will have GOFBCI. GOFBCI reserves the unrestricted right to reproduce, distribute, modify, maintain and use the information in any way it deems appropriate. However, ODJFS is hereby granted a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, modify, distribute, or otherwise use, and to authorize others to use for state or federal purposes: 1. The copyright in any work developed in whole or part with funds provided pursuant to this Subgrant; and 2. Any rights of copyright SUBGRANTEE purchases in whole or part with funds provided pursuant to this Subgrant. SUBGRANTEE also agrees that all materials and items produced under this Agreement will be made freely available to the general public unless ODJFS determines that, pursuant to federal and state laws, such materials are confidential. A. GRANTEE agrees that any media produced pursuant to this Agreement or acquired with Grant funds will become the property of ODJFS. This includes all documents, reports, data, photographs (including negatives), and electronic reports and records. ODJFS will maintain the unrestricted right to reproduce, distribute, modify, maintain, and use the media in any way ODJFS deems appropriate. GRANTEE further agrees not to seek or nor obtain copyright, patent patent, or other proprietary protection for any materials or items produced under this Grant Agreement. GRANTEE understands that all materials and items produced under this Grant Agreement will be made freely available to the general public unless ODJFS GOFBCI determines that certain such materials are confidential under federal or and state lawlaws. B. All ODJFS GOFBCI information that is classified as public or private under Ohio law and GOFBCI or ODJFS rules will be treated as such by GRANTEE. Should the nature of Any questions as to whether any information be in question, ODJFS will determine whether the information is public or privateprivate will be determined by GOFBCI or ODJFS. GRANTEE will restrict the not use of any information, systems, or records ODJFS provides made available to it for any purpose other than to fulfill the specific Grant activities of this Agreementspecified herein. GRANTEE and its employees agree to be bound by the same standards and rules of confidentiality that apply to employees of GOFBCI and ODJFS and the State of Ohio. GRANTEE agrees that to include the terms of this Section will be included section in any contract or subgrant executed by GRANTEE for work under this Grant Agreement. C. GRANTEE information that information, which is proprietary and has been specifically identified by GRANTEE as proprietary will be held as to be confidential by GOFBCI and ODJFS. Proprietary information is information that information, which, if made public, would put GRANTEE at a competitive disadvantage in GRANTEE’s market place and trade if it were made publictrade. GOFBCI and ODJFS reserves reserve the right to require reasonable evidence of GRANTEE’s assertion of the proprietary nature of any information. The provisions of this ARTICLE VI are not self-executing. GRANTEE must demonstrate that any information claimed as proprietary meets the definition of “trade secrets” secrets found at ORC 1333.61. D. For Audit Purposes Only: All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFS, and copies of all materials produced under or pertaining to this Grant Agreement will be retained by GRANTEE and will be made available for audit by state and federal government entities that include but not limited to, ODJFS, the Ohio Auditor of State, the Ohio Inspector General and all duly authorized law enforcement officials. The Pursuant to 45 CFR 74.53, the records and materials will be retained and made available for a minimum of three (3) years after GRANTEE receives the last payment pursuant to this Grant Agreement. If an audit, litigation litigation, or similar action is initiated during this time period, GRANTEE will retain the records until the action is concluded and all issues are resolved, or until the end of the three (3) three-year period if the action is resolved prior to the end of the three-year period. If applicableappropriate, GRANTEE must meet the requirements of OMB Omni- Circularfederal Office of Management and Budget (“OMB”) Circulars X-000, 2 CFR Part 200. GRANTEE acknowledgesX-000, in accordance with ORC 149.43, that financial records related to the performance of services under this Agreement are presumptively deemed public recordsand A-133. E. All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFS, and copies of all materials produced under or pertaining to this Grant will be retained by GRANTEE in accordance to the appropriate records retention schedule. The appropriate records retention schedule for this Grant is [INSERT RECORDS SCHEDULE], [Must be a minimum of three (3) years-DO NOT INCLUDE IN THE AGREEMENT]. If any records are destroyed prior to the date as determined by the appropriate records retention schedule, GRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. F. GRANTEE agrees to retain all records in accordance to any litigation holds that are provided to them by ODJFS, and actively participate in the discovery process if required to do so, at no additional charge. Litigation holds may require GRANTEE to keep the records longer than the approved records retention schedule. GRANTEE will be notified by ODJFS when the litigation hold ends and retention can resume based on the approved records retention schedule. If GRANTEE fails to retain the pertinent records after receiving a litigation hold from ODJFS, GRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. G. GRANTEE hereby agrees to current and ongoing compliance with Title 42, Sections 1320d through 1320d- 8 of the 42 United States Code (USC) Section 1320(d) through 1320- (d) 8 and the implementing regulations found at Title 45, Sections 164.502(e) and 164.504(e) of the 45 Code of Federal Regulations (CFR) 164.502(e) and 164.504(e) regarding disclosure of Protected Health Information under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). GRANTEE further agrees to include the terms of this Section E in any subgrant agreements that may be executed pursuant to this Grant Agreement.

RECORDS, DOCUMENTS AND INFORMATION. GRANTEE SUBGRANTEE agrees that all records, documents, writings, and other information, created or regardless of medium, produced by SUBGRANTEE under this Subgrant Agreement, and all records, documents, writings and other information, regardless of medium, used pursuant to by SUBGRANTEE in the performance of this Subgrant Agreement will be treated according to the following terms, and that the terms will be included in any subgrant agreements executed for the performance of Activities relative to this Agreement: A. [PUBLIC UNIVERSITY] ODJFS SUBGRANTEE agrees that any documents, reports, data, photographs (including negatives), electronic reports and records, and other media produced under this Subgrant Agreement or with funds provided by this Subgrant will become the property of SUBGRANTEE, which will have GOFBCI. GOFBCI reserves the unrestricted right to reproduce, distribute, modify, maintain and use the information in any way it deems appropriate. However, ODJFS is hereby granted a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, modify, distribute, or otherwise use, and to authorize others to use for state or federal purposes: 1. The copyright in any work developed in whole or part with funds provided pursuant to this Subgrant; and 2. Any rights of copyright SUBGRANTEE purchases in whole or part with funds provided pursuant to this Subgrant. SUBGRANTEE also agrees that all materials and items produced under this Agreement will be made freely available to the general public unless ODJFS determines that, pursuant to federal and state laws, such materials are confidential. A. GRANTEE agrees that any media produced pursuant to this Agreement or acquired with Grant funds will become the property of ODJFS. This includes all documents, reports, data, photographs (including negatives), and electronic reports and records. ODJFS will maintain the unrestricted right to reproduce, distribute, modify, maintain, and use the media in any way ODJFS deems appropriate. GRANTEE further agrees not to seek or nor obtain copyright, patent or other proprietary protection for any materials or items produced under this Subgrant Agreement. GRANTEE SUBGRANTEE understands that all materials and items produced under this Subgrant Agreement will be made freely available to the general public unless ODJFS GOFBCI determines that certain such materials are confidential under federal or and state lawlaws. B. All ODJFS GOFBCI information that is classified as public or private under Ohio law and GOFBCI or ODJFS rules will be treated as such by GRANTEESUBGRANTEE. Should the nature of Any questions as to whether any information be in question, ODJFS will determine whether the information is public or privateprivate will be determined by GOFBCI and ODJFS. GRANTEE SUBGRANTEE will restrict the not use of any information, systems, or records ODJFS provides made available to it for any purpose other than to fulfill the specific Grant activities of this Agreementspecified herein. GRANTEE SUBGRANTEE and its employees agree to be bound by the same standards and rules of confidentiality that apply to employees of GOFBCI and ODJFS and the State of Ohio. GRANTEE agrees that to include the terms of this Section will be included section in any contract or subgrant executed by GRANTEE SUBGRANTEE for work under this Subgrant Agreement. C. GRANTEE SUBGRANTEE information that is proprietary and has been specifically identified by GRANTEE SUBGRANTEE as proprietary will be held as to be confidential by GOFBCI and ODJFS. Proprietary information is information that information, which, if made public, would put GRANTEE SUBGRANTEE at a competitive disadvantage in GRANTEESUBGRANTEE’s market place and trade if it were made publictrade. GOFBCI and ODJFS reserves reserve the right to require reasonable evidence of GRANTEESUBGRANTEE’s assertion of the proprietary nature of any information. The provisions of this ARTICLE VII are not self-self- executing. GRANTEE SUBGRANTEE must demonstrate that any information claimed as proprietary meets the definition of “trade secrets” secrets found at ORC 1333.61. D. For Audit Purposes Only: All records relating to cost, work performed, and supporting documentation for invoices submitted to GOFBCI and ODJFS, and as well as copies of all materials material produced under or pertaining to this Subgrant Agreement will be retained by GRANTEE SUBGRANTEE and will be made available for audit by state and federal government entities that include the State of Ohio (including but not limited toto GOFBCI, ODJFS, the Ohio Auditor of State, the Ohio Inspector General and all duly authorized law enforcement officials) and agencies of the United States government. The These records and materials will be retained and made available for a minimum of three (3) years after GRANTEE SUBGRANTEE receives the last payment pursuant to this AgreementSubgrant. If an audit, litigation or similar action is initiated during this time period, GRANTEE SUBGRANTEE will retain the such records until the action is concluded and all issues are resolved, resolved or until the end of the three (3) year period if the action is resolved prior to the end of the three-year periodperiod expires, whichever is later. If applicableappropriate, GRANTEE SUBGRANTEE must meet the requirements of OMB Omni- Circularthe federal Office of Management and Budget (OMB) Circular X-00, 2 CFR Part 200. GRANTEE acknowledgesX-000, in accordance with ORC 149.43, that financial records related to the performance of services under this Agreement are presumptively deemed public recordsX-000 or A-133. E. All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFS, and copies of all materials produced under or pertaining to this Grant will be retained by GRANTEE in accordance to the appropriate records retention schedule. The appropriate records retention schedule for this Grant is [INSERT RECORDS SCHEDULE], [Must be a minimum of three (3) years-DO NOT INCLUDE IN THE AGREEMENT]. If any records are destroyed prior to the date as determined by the appropriate records retention schedule, GRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. F. GRANTEE agrees to retain all records in accordance to any litigation holds that are provided to them by ODJFS, and actively participate in the discovery process if required to do so, at no additional charge. Litigation holds may require GRANTEE to keep the records longer than the approved records retention schedule. GRANTEE will be notified by ODJFS when the litigation hold ends and retention can resume based on the approved records retention schedule. If GRANTEE fails to retain the pertinent records after receiving a litigation hold from ODJFS, GRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. G. GRANTEE SUBGRANTEE hereby agrees to current and ongoing compliance with Title 42, Sections 1320d through 1320d- 8 of the 42 United States Code (USC) Section 1320(d) through 1320- (d) 8 and the implementing regulations found at Title 45, Sections 45 CFR 164.502(e) and 164.504(e) of the Code of Federal Regulations (CFR) regarding disclosure of Protected Health Information under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). GRANTEE SUBGRANTEE further agrees to include the terms of this Section E in any subgrant agreements that may be executed pursuant to this Subgrant Agreement.

RECORDS, DOCUMENTS AND INFORMATION. GRANTEE CONTRACTOR agrees that all records, documents, writings, and other information, created or used pursuant to this Agreement Contract will be treated according to the following terms, and that the terms will be included in any subgrant agreements executed for the performance of Activities relative to the Deliverables under this AgreementContract: A. [PUBLIC UNIVERSITY] ODJFS agrees that any documents, reports, data, photographs (including negatives), electronic reports and records, and other media produced under this Agreement or with funds provided by this Subgrant will become the property of SUBGRANTEE, which will have the unrestricted right to reproduce, distribute, modify, maintain and use in any way it deems appropriate. However, ODJFS is hereby granted a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, modify, distribute, or otherwise use, and to authorize others to use for state or federal purposes: 1. The copyright in any work developed in whole or part with funds provided pursuant to this Subgrant; and 2. Any rights of copyright SUBGRANTEE purchases in whole or part with funds provided pursuant to this Subgrant. SUBGRANTEE also agrees that all materials and items produced under this Agreement will be made freely available to the general public unless ODJFS determines that, pursuant to federal and state laws, such materials are confidential. A. GRANTEE CONTRACTOR agrees that any media produced pursuant to this Agreement Contract or acquired with Grant Contract funds will become the property of ODJFSGOFBCI. This includes all documents, reports, data, photographs (including negatives), and electronic reports and records. ODJFS GOFBCI will maintain the unrestricted right to reproduce, distribute, modify, maintain, and use the media in any way ODJFS GOFBCI deems appropriate. GRANTEE CONTRACTOR further agrees not to seek or obtain copyright, patent or other proprietary protection for any materials or items produced under this AgreementContract. GRANTEE CONTRACTOR understands that all materials and items produced under this Agreement Contract will be made freely available to the public unless GOFBCI or ODJFS determines that certain materials are confidential under federal or state law. B. All GOFBCI or ODJFS information that is classified as public or private under Ohio law and GOFBCI or ODJFS rules will be treated as such by GRANTEECONTRACTOR. Should the nature of any information be in question, GOFBCI and ODJFS will determine whether the information is public or private. GRANTEE CONTRACTOR will restrict the use of any information, systems, or records GOFBCI or ODJFS provides to the specific Grant activities Deliverables specified in ARTICLE I of this AgreementContract. GRANTEE CONTRACTOR and its employees agree to be bound by the same standards and rules of confidentiality that apply to employees of GOFBCI, ODJFS and the State of Ohio. GRANTEE CONTRACTOR agrees that the terms of this Section B will be included in any contract or subgrant executed by GRANTEE CONTRACTOR for work under this AgreementContract. C. GRANTEE CONTRACTOR information that is proprietary and has been specifically identified by GRANTEE CONTRACTOR as proprietary will be held as confidential by GOFBCI and ODJFS. Proprietary information is information that would put GRANTEE CONTRACTOR at a competitive disadvantage in GRANTEECONTRACTOR’s market place and trade if it were made public. ODJFS reserves the right to require reasonable evidence of GRANTEECONTRACTOR’s assertion of the proprietary nature of any information. The provisions of this ARTICLE are not self-executing. GRANTEE CONTRACTOR must demonstrate that any information claimed as proprietary meets the definition of “trade secrets” found at ORC 1333.61. D. For Audit Purposes Only: All records relating to cost, work performed, supporting documentation for invoices submitted to GOFBCI and ODJFS, and copies of all materials produced under or pertaining to this Agreement Contract will be retained by GRANTEE CONTRACTOR and will be made available for audit by state and federal government entities that include but not limited to, GOFBCI, ODJFS, the Ohio Auditor of State, the Ohio Inspector General and all duly authorized law enforcement officials. The records and materials will be retained and made available for a minimum of three (3) years after GRANTEE CONTRACTOR receives the last payment pursuant to this AgreementContract. If an audit, litigation or similar action is initiated during this time period, GRANTEE CONTRACTOR will retain the records until the action is concluded and all issues are resolved, or until the end of the three (3) three-year period if the action is resolved prior to the end of the three-year period. If applicable, GRANTEE CONTRACTOR must meet the requirements of OMB Omni- Circularthe federal Office of Management and Budget (OMB) Circulars X-000, 2 CFR Part 200X-000, and A-133. GRANTEE CONTRACTOR acknowledges, in accordance with ORC 149.43, that financial records related to the performance of services under this Agreement Contract are presumptively deemed public records. E. All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFS, and copies of all materials produced under or pertaining to this Grant will be retained by GRANTEE in accordance to the appropriate records retention schedule. The appropriate records retention schedule for this Grant is [INSERT RECORDS SCHEDULE], [Must be a minimum of three (3) years-DO NOT INCLUDE IN THE AGREEMENT]. If any records are destroyed prior to the date as determined by the appropriate records retention schedule, GRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. F. GRANTEE agrees to retain all records in accordance to any litigation holds that are provided to them by ODJFS, and actively participate in the discovery process if required to do so, at no additional charge. Litigation holds may require GRANTEE to keep the records longer than the approved records retention schedule. GRANTEE will be notified by ODJFS when the litigation hold ends and retention can resume based on the approved records retention schedule. If GRANTEE fails to retain the pertinent records after receiving a litigation hold from ODJFS, GRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. G. GRANTEE CONTRACTOR hereby agrees to current and ongoing compliance with Title 42, Sections 1320d through 1320d- 8 Section 1320 of the United States Code (USC42 USC 1320(d) -1320(d)(8)) and the implementing regulations found at Title 45, Sections 164.502(e) Parts 164.502 and 164.504(e) 164.504 of the Code of Federal Regulations (CFR45 CFR 164.502(e) and 164.504(e)) regarding disclosure of Protected Health Information under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). GRANTEE CONTRACTOR further agrees to include the terms of this Section E in any subgrant agreements subcontracts that may be executed pursuant to this AgreementContract.

RECORDS, DOCUMENTS AND INFORMATION. GRANTEE XXXXXXX agrees that all records, documents, writings, and other information, created or used pursuant to this Agreement will be treated according to the following terms, and that the terms will be included in any subgrant agreements executed for the performance of Activities relative to this Agreement: A. [PUBLIC UNIVERSITY] ODJFS agrees that any documents, reports, data, photographs (including negatives), electronic reports and records, and other media produced under this Agreement or with funds provided by this Subgrant will become the property of SUBGRANTEE, which will have the unrestricted right to reproduce, distribute, modify, maintain and use in any way it deems appropriate. However, ODJFS is hereby granted a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, modify, distribute, or otherwise use, and to authorize others to use for state or federal purposes: 1. The copyright in any work developed in whole or part with funds provided pursuant to this Subgrant; and 2. Any rights of copyright SUBGRANTEE purchases in whole or part with funds provided pursuant to this Subgrant. SUBGRANTEE also agrees that all materials and items produced under this Agreement will be made freely available to the general public unless ODJFS determines that, pursuant to federal and state laws, such materials are confidential. A. GRANTEE X. XXXXXXX agrees that any media produced pursuant to this Agreement or acquired with Grant funds will become the property of ODJFS. This includes all documents, reports, data, photographs (including negatives), and electronic reports and records. ODJFS will maintain the unrestricted right to reproduce, distribute, modify, maintain, and use the media in any way ODJFS deems appropriate. GRANTEE XXXXXXX further agrees not to seek or obtain copyright, patent or other proprietary protection for any materials or items produced under this Agreement. GRANTEE understands that all materials and items produced under this Agreement will be made freely available to the public unless ODJFS determines that certain materials are confidential under federal or state law. B. All ODJFS information that is classified as public or private under Ohio law and ODJFS rules will be treated as such by GRANTEE. Should the nature of any information be in question, ODJFS will determine whether the information is public or private. GRANTEE will restrict the use of any information, systems, or records ODJFS provides to the specific Grant activities specified in ARTICLE I of this Agreement. GRANTEE and its employees agree to be bound by the same standards and rules of confidentiality that apply to employees of ODJFS and the State of Ohio. GRANTEE XXXXXXX agrees that the terms of this Section B will be included in any contract or subgrant executed by GRANTEE for work under this Agreement. C. GRANTEE X. XXXXXXX information that is proprietary and has been specifically identified by GRANTEE as proprietary will be held as confidential by ODJFS. Proprietary information is information that would put GRANTEE at a competitive disadvantage in GRANTEE’s market place and trade if it were made public. ODJFS reserves the right to require reasonable evidence of GRANTEEXXXXXXX’s assertion of the proprietary nature of any information. The provisions of this ARTICLE Article are not self-executing. GRANTEE XXXXXXX must demonstrate that any information claimed as proprietary meets the definition of “trade secrets” found at ORC 1333.61. D. For Audit Purposes Only: All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFS, and copies of all materials produced under or pertaining to this Agreement will be retained by GRANTEE and will be made available for audit by state and federal government entities that include but not limited to, ODJFS, the Ohio Auditor of State, the Ohio Inspector General and all duly authorized law enforcement officials. The records and materials will be retained and made available for a minimum of three (3) years after GRANTEE receives the last payment pursuant to this Agreement. If an audit, litigation or similar action is initiated during this time period, GRANTEE will retain the records until the action is concluded and all issues are resolved, or until the end of the three (3) three-year period if the action is resolved prior to the end of the three-year period. If applicable, GRANTEE must meet the requirements of OMB Omni- Circularthe federal Office of Management and Budget (OMB) Circulars X-000, 2 CFR Part 200X-000, and A-133. GRANTEE XXXXXXX acknowledges, in accordance with ORC 149.43, that financial records related to the performance of services under this Agreement are presumptively deemed public records. E. All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFS, and copies of all materials produced under or pertaining to this Grant will be retained by GRANTEE in accordance to the appropriate records retention schedule. The appropriate records retention schedule for this Grant is [INSERT RECORDS SCHEDULE], [Must be a minimum of three (3) years-DO NOT INCLUDE IN THE AGREEMENT]. If any records are destroyed prior to the date as determined by the appropriate records retention schedule, GRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. F. GRANTEE agrees to retain all records in accordance to any litigation holds that are provided to them by ODJFS, and actively participate in the discovery process if required to do so, at no additional charge. Litigation holds may require GRANTEE to keep the records longer than the approved records retention schedule. GRANTEE will be notified by ODJFS when the litigation hold ends and retention can resume based on the approved records retention schedule. If GRANTEE fails to retain the pertinent records after receiving a litigation hold from ODJFS, GRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. G. GRANTEE X. XXXXXXX hereby agrees to current and ongoing compliance with Title 42, Sections 1320d through 1320d- 8 of the United States Code (USC42 USC 1320(d) - 1320(d)(8) and the implementing regulations found at Title 45, Sections 45 CFR 164.502(e) and 164.504(e) of the Code of Federal Regulations (CFR) regarding disclosure of Protected Health Information under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). GRANTEE XXXXXXX further agrees to include the terms of this Section E in any subgrant agreements that may be executed pursuant to this Agreement.

RECORDS, DOCUMENTS AND INFORMATION. GRANTEE XXXXXXX agrees that all records, documents, writings, and other information, created or used pursuant to this Agreement will be treated according to the following terms, and that the terms will be included in any subgrant agreements executed for the performance of Activities relative to this Agreement: A. [PUBLIC UNIVERSITY] ODJFS agrees that any documents, reports, data, photographs (including negatives), electronic reports and records, and other media produced under this Agreement or with funds provided by this Subgrant will become the property of SUBGRANTEEGRANTEE, which will have the unrestricted right to reproduce, distribute, modify, maintain and use in any way it deems appropriate. However, ODJFS is hereby granted a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, modify, distribute, or otherwise use, and to authorize others to use for state or federal purposes: 1. The copyright in any work developed in whole or part with funds provided pursuant to this Subgrant; and 2. Any rights of copyright SUBGRANTEE GRANTEE purchases in whole or part with funds provided pursuant to this Subgrant. SUBGRANTEE GRANTEE also agrees that all materials and items produced under this Agreement will be made freely available to the general public unless ODJFS determines that, pursuant to federal and state laws, such materials are confidential. A. GRANTEE agrees that any media produced pursuant to this Agreement or acquired with Grant funds will become the property of ODJFS. This includes all documents, reports, data, photographs (including negatives), and electronic reports and records. ODJFS will maintain the unrestricted right to reproduce, distribute, modify, maintain, and use the media in any way ODJFS deems appropriate. GRANTEE further agrees not to seek or obtain copyright, patent or other proprietary protection for any materials or items produced under this Agreement. GRANTEE understands that all materials and items produced under this Agreement will be made freely available to the public unless ODJFS determines that certain materials are confidential under federal or state law. B. All ODJFS information that is classified as public or private under Ohio law and ODJFS rules will be treated as such by GRANTEE. Should the nature of any information be in question, ODJFS will determine whether the information is public or private. GRANTEE will restrict the use of any information, systems, or records ODJFS provides to the specific Grant activities of this Agreement. GRANTEE and its employees agree to be bound by the same standards and rules of confidentiality that apply to employees of ODJFS and the State of Ohio. GRANTEE XXXXXXX agrees that the terms of this Section will be included in any contract or subgrant executed by GRANTEE for work under this Agreement. C. GRANTEE information that is proprietary and has been specifically identified by GRANTEE as proprietary will be held as confidential by ODJFS. Proprietary information is information that would put GRANTEE at a competitive disadvantage in GRANTEE’s market place and trade if it were made public. ODJFS reserves the right to require reasonable evidence of GRANTEEXXXXXXX’s assertion of the proprietary nature of any information. The provisions of this ARTICLE are not self-executing. GRANTEE XXXXXXX must demonstrate that any information claimed as proprietary meets the definition of “trade secrets” found at ORC 1333.61. D. For Audit Purposes Only: All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFS, and copies of all materials produced under or pertaining to this Agreement will be retained by GRANTEE and will be made available for audit by state and federal government entities that include but not limited to, ODJFS, the Ohio Auditor of State, the Ohio Inspector General and all duly authorized law enforcement officials. The records and materials will be retained and made available for a minimum of three 3 years after GRANTEE receives the last payment pursuant to this Agreement. If an audit, litigation or similar action is initiated during this time period, GRANTEE will retain the records until the action is concluded and all issues are resolved, or until the end of the three (3) 3 year period if the action is resolved prior to the end of the three-3 year period. If applicable, GRANTEE must meet the requirements of OMB Omni- Circular, the federal Office of Management and Budget (OMB) Omni-Circular 2 CFR Part 200. GRANTEE acknowledges, in accordance with ORC 149.43, that financial records related to the performance of services under this Agreement are presumptively deemed public records. E. All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFS, and copies of all materials produced under or pertaining to this Grant will be retained by GRANTEE in accordance to the appropriate records retention schedule. The appropriate records retention schedule for this Grant is [INSERT RECORDS SCHEDULE], [Must be a minimum of three (3) years-DO NOT INCLUDE IN THE AGREEMENTSTATE SCHEDULE NUMBER AND TIME PERIOD]. If any records are destroyed prior to the date as determined by the appropriate records retention schedule, GRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destructionsuchdestruction. F. GRANTEE XXXXXXX agrees to retain all records in accordance to any litigation holds that are provided to them by ODJFS, and actively participate in the discovery process if required to do so, at no additional charge. Litigation holds may require GRANTEE to keep the records longer than the approved records retention schedule. GRANTEE will be notified by ODJFS when the litigation hold ends and retention can resume based on the approved records retention schedule. If GRANTEE fails to retain the pertinent records after receiving a litigation hold from ODJFS, GRANTEE XXXXXXX agrees to pay all costs associated with any cause, action or litigation arising from such destruction. G. If applicable, GRANTEE hereby agrees to current and ongoing compliance with Title 42, Sections 1320d through 1320d- 8 1320d-8 of the United States Code (USC) and the implementing regulations found at Title 45, Sections 164.502(e) and 164.504(e) of the Code of Federal Regulations (CFR) regarding disclosure of Protected Health Information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). If applicable, GRANTEE further agrees to include the terms of this Section in any subgrant agreements that may be executed pursuant to this Agreement.

RECORDS, DOCUMENTS AND INFORMATION. GRANTEE SUBGRANTEE agrees that all records, documents, writings, and other information, created or regardless of medium, produced by SUBGRANTEE under this Subgrant Agreement, and all records, documents, writings and other information, regardless of medium, used pursuant to by SUBGRANTEE in the performance of this Subgrant Agreement will be treated according to the following terms, and that the terms will be included in any subgrant agreements executed for the performance of Activities relative to this Agreement: A. [PUBLIC UNIVERSITY] ODJFS X. XXXXXXXXXX agrees that any documents, reports, data, photographs (including negatives), electronic reports and records, and other media produced under this Subgrant Agreement or with funds provided by this Subgrant will become the property of SUBGRANTEE, which will have GOFBCI. GOFBCI reserves the unrestricted right to reproduce, distribute, modify, maintain and use the information in any way it deems appropriate. However, ODJFS is hereby granted a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, modify, distribute, or otherwise use, and to authorize others to use for state or federal purposes: 1. The copyright in any work developed in whole or part with funds provided pursuant to this Subgrant; and 2. Any rights of copyright SUBGRANTEE purchases in whole or part with funds provided pursuant to this Subgrant. SUBGRANTEE also agrees that all materials and items produced under this Agreement will be made freely available to the general public unless ODJFS determines that, pursuant to federal and state laws, such materials are confidential. A. GRANTEE agrees that any media produced pursuant to this Agreement or acquired with Grant funds will become the property of ODJFS. This includes all documents, reports, data, photographs (including negatives), and electronic reports and records. ODJFS will maintain the unrestricted right to reproduce, distribute, modify, maintain, and use the media in any way ODJFS deems appropriate. GRANTEE further agrees not to seek or nor obtain copyright, patent or other proprietary protection for any materials or items produced under this Subgrant Agreement. GRANTEE SUBGRANTEE understands that all materials and items produced under this Subgrant Agreement will be made freely available to the general public unless ODJFS GOFBCI determines that certain such materials are confidential under federal or and state lawlaws. B. All ODJFS GOFBCI information that is classified as public or private under Ohio law and GOFBCI or ODJFS rules will be treated as such by GRANTEESUBGRANTEE. Should the nature of Any questions as to whether any information be in question, ODJFS will determine whether the information is public or privateprivate will be determined by GOFBCI and ODJFS. GRANTEE SUBGRANTEE will restrict the not use of any information, systems, or records ODJFS provides made available to it for any purpose other than to fulfill the specific Grant activities of this Agreementspecified herein. GRANTEE SUBGRANTEE and its employees agree to be bound by the same standards and rules of confidentiality that apply to employees of GOFBCI and ODJFS and the State of Ohio. GRANTEE agrees that to include the terms of this Section will be included section in any contract or subgrant executed by GRANTEE SUBGRANTEE for work under this Subgrant Agreement. C. GRANTEE SUBGRANTEE information that is proprietary and has been specifically identified by GRANTEE SUBGRANTEE as proprietary will be held as to be confidential by GOFBCI and ODJFS. Proprietary information is information that information, which, if made public, would put GRANTEE SUBGRANTEE at a competitive disadvantage in GRANTEESUBGRANTEE’s market place and trade if it were made publictrade. GOFBCI and ODJFS reserves reserve the right to require reasonable evidence of GRANTEESUBGRANTEE’s assertion of the proprietary nature of any information. The provisions of this ARTICLE VII are not self-self- executing. GRANTEE SUBGRANTEE must demonstrate that any information claimed as proprietary meets the definition of “trade secrets” secrets found at ORC 1333.61. D. For Audit Purposes Only: All records relating to cost, work performed, and supporting documentation for invoices submitted to GOFBCI and ODJFS, and as well as copies of all materials material produced under or pertaining to this Subgrant Agreement will be retained by GRANTEE SUBGRANTEE and will be made available for audit by state and federal government entities that include the State of Ohio (including but not limited toto GOFBCI, ODJFS, the Ohio Auditor of State, the Ohio Inspector General and all duly authorized law enforcement officials) and agencies of the United States government. The These records and materials will be retained and made available for a minimum of three (3) years after GRANTEE SUBGRANTEE receives the last payment pursuant to this AgreementSubgrant. If an audit, litigation or similar action is initiated during this time period, GRANTEE SUBGRANTEE will retain the such records until the action is concluded and all issues are resolved, resolved or until the end of the three (3) year period if the action is resolved prior to the end of the three-year periodperiod expires, whichever is later. If applicableappropriate, GRANTEE SUBGRANTEE must meet the requirements of OMB Omni- Circularthe federal Office of Management and Budget (OMB) Circular X-00, 2 CFR Part 200. GRANTEE acknowledgesX-000, in accordance with ORC 149.43, that financial records related to the performance of services under this Agreement are presumptively deemed public recordsX-000 or A-133. E. All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFS, and copies of all materials produced under or pertaining to this Grant will be retained by GRANTEE in accordance to the appropriate records retention schedule. The appropriate records retention schedule for this Grant is [INSERT RECORDS SCHEDULE], [Must be a minimum of three (3) years-DO NOT INCLUDE IN THE AGREEMENT]. If any records are destroyed prior to the date as determined by the appropriate records retention schedule, GRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. F. GRANTEE agrees to retain all records in accordance to any litigation holds that are provided to them by ODJFS, and actively participate in the discovery process if required to do so, at no additional charge. Litigation holds may require GRANTEE to keep the records longer than the approved records retention schedule. GRANTEE will be notified by ODJFS when the litigation hold ends and retention can resume based on the approved records retention schedule. If GRANTEE fails to retain the pertinent records after receiving a litigation hold from ODJFS, GRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. G. GRANTEE SUBGRANTEE hereby agrees to current and ongoing compliance with Title 42, Sections 1320d through 1320d- 8 of the 42 United States Code (USC) Section 1320(d) through 1320- (d) 8 and the implementing regulations found at Title 45, Sections 45 CFR 164.502(e) and 164.504(e) of the Code of Federal Regulations (CFR) regarding disclosure of Protected Health Information under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). GRANTEE SUBGRANTEE further agrees to include the terms of this Section E in any subgrant agreements that may be executed pursuant to this Subgrant Agreement.

RECORDS, DOCUMENTS AND INFORMATION. GRANTEE SUBGRANTEE agrees that all records, documents, writings, and other information, created or used pursuant to this Agreement will be treated according to the following terms, and that the terms will be included in any subgrant agreements executed for the performance of Activities Subgrant activities relative to this Agreement: A. [PUBLIC UNIVERSITY] ODJFS agrees that any documents, reports, data, photographs (including negatives), electronic reports and records, and other media produced under this Agreement or with funds provided by this Subgrant will become the property of SUBGRANTEE, which will have the unrestricted right to reproduce, distribute, modify, maintain and use in any way it deems appropriate. However, ODJFS is hereby granted a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, modify, distribute, or otherwise use, and to authorize others to use for state or federal purposes: 1. The copyright in any work developed in whole or part with funds provided pursuant to this Subgrant; and 2. Any rights of copyright SUBGRANTEE purchases in whole or part with funds provided pursuant to this Subgrant. SUBGRANTEE also agrees that all materials and items produced under this Agreement will be made freely available to the general public unless ODJFS determines that, pursuant to federal and state laws, such materials are confidential. A. GRANTEE agrees that any media produced pursuant to this Agreement or acquired with Grant Subgrant funds will become the property of ODJFS. This includes all documents, reports, data, photographs (including negatives), and electronic reports and records. ODJFS will maintain the unrestricted right to reproduce, distribute, modify, maintain, and use the media in any way ODJFS deems appropriate. GRANTEE SUBGRANTEE further agrees not to seek or obtain copyright, patent or other proprietary protection for any materials or items produced under this Agreement. GRANTEE SUBGRANTEE understands that all materials and items produced under this Agreement will be made freely available to the public unless ODJFS determines that certain materials are confidential under federal or state law. B. All ODJFS information that is classified as public or private under Ohio law and ODJFS rules will be treated as such by GRANTEESUBGRANTEE. Should the nature of any information be in question, ODJFS will determine whether the information is public or private. GRANTEE SUBGRANTEE will restrict the use of any information, systems, or records ODJFS provides to the specific Grant Subgrant activities of this Agreement. GRANTEE SUBGRANTEE and its employees agree to be bound by the same standards and rules of confidentiality that apply to employees of ODJFS and the State of Ohio. GRANTEE SUBGRANTEE agrees that the terms of this Section B will be included in any contract or subgrant executed by GRANTEE SUBGRANTEE for work under this Agreement. C. GRANTEE SUBGRANTEE information that is proprietary and has been specifically identified by GRANTEE SUBGRANTEE as proprietary will be held as confidential by ODJFS. Proprietary information is information that would put GRANTEE SUBGRANTEE at a competitive disadvantage in GRANTEESUBGRANTEE’s market place marketplace and trade if it were made public. ODJFS reserves the right to require reasonable evidence of GRANTEESUBGRANTEE’s assertion of the proprietary nature of any information. The provisions of this ARTICLE are not self-executing. GRANTEE SUBGRANTEE must demonstrate that any information claimed as proprietary meets the definition of “trade secretssecret” found at ORC 1333.611333.61 and shall defend such a claim. D. For Audit Purposes Only: All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFS, and copies of all materials produced under or pertaining to this Agreement will be retained by GRANTEE SUBGRANTEE and will be made available for audit by state and federal government entities that include include, but not limited to, ODJFS, the Ohio Auditor of State, the Ohio Inspector General and all duly authorized law enforcement officials. The records and materials will be retained and made available for a minimum of three 3 years after GRANTEE SUBGRANTEE receives the last payment pursuant to this Agreement. If an audit, litigation or similar action is initiated during this time period, GRANTEE SUBGRANTEE will retain the records until the action is concluded and all issues are resolved, or until the end of the three (3) 3 year period if the action is resolved prior to the end of the three-3 year period, unless otherwise directed below in Section E of this ARTICLE. If applicable, GRANTEE SUBGRANTEE must meet the requirements of the OMB Omni- Omni-Circular, 2 CFR Part 200. GRANTEE , Subpart D and F. SUBGRANTEE acknowledges, in accordance with ORC 149.43, that financial records related to the performance of services under this Agreement are presumptively deemed public records. E. All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFS, and copies of all materials produced under or pertaining to this Grant Agreement will be retained by GRANTEE SUBGRANTEE in accordance to the appropriate records retention schedule. The appropriate records retention schedule for this Grant Agreement is [INSERT RECORDS SCHEDULE], [Must be a minimum of three (3) 5 years-DO NOT INCLUDE IN THE AGREEMENT]. If any records are destroyed prior to the date as determined by the appropriate records retention schedule, GRANTEE SUBGRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. F. GRANTEE SUBGRANTEE agrees to retain all records in accordance to any litigation holds that are provided to them by ODJFS, and actively participate in the discovery process if required to do so, at no additional charge. Litigation holds may require GRANTEE SUBGRANTEE to keep the records longer than the approved records retention schedule. GRANTEE SUBGRANTEE will be notified by ODJFS when the litigation hold ends and retention can resume based on the approved records retention schedule. If GRANTEE SUBGRANTEE fails to retain the pertinent records after receiving a litigation hold from ODJFS, GRANTEE SUBGRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. G. GRANTEE If applicable, SUBGRANTEE hereby agrees to current and ongoing compliance with Title 42, Sections Section 1320d through 1320d- 8 1320d-8 of the United States Code (USC42 USC 1320d-1320d-8) and the implementing regulations found at Title 45, Sections 45 CFR 164.502(e) and 164.504(e) of the Code of Federal Regulations (CFR) regarding disclosure of Protected Health Information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). GRANTEE If applicable, SUBGRANTEE further agrees to include the terms of this Section G in any subgrant agreements that may be executed pursuant to this Agreement.

RECORDS, DOCUMENTS AND INFORMATION. GRANTEE SUBGRANTEE agrees that all records, documents, writings, and other information, created or used pursuant to this Agreement will be treated according to the following terms, and that the terms will be included in any subgrant agreements executed for the performance of Activities Subgrant activities relative to this Agreement: A. [PUBLIC UNIVERSITY] ODJFS agrees that any documents, reports, data, photographs (including negatives), electronic reports and records, and other media produced under this Agreement or with funds provided by this Subgrant will become the property of SUBGRANTEE, which will have the unrestricted right to reproduce, distribute, modify, maintain and use in any way it deems appropriate. However, ODJFS is hereby granted a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, modify, distribute, or otherwise use, and to authorize others to use for state or federal purposes: 1. The copyright in any work developed in whole or part with funds provided pursuant to this Subgrant; and 2. Any rights of copyright SUBGRANTEE purchases in whole or part with funds provided pursuant to this Subgrant. SUBGRANTEE also agrees that all materials and items produced under this Agreement will be made freely available to the general public unless ODJFS determines that, pursuant to federal and state laws, such materials are confidential. A. GRANTEE agrees that any media produced pursuant to this Agreement or acquired with Grant Subgrant funds will become the property of ODJFS. This includes all documents, reports, data, photographs (including negatives), and electronic reports and records. ODJFS will maintain the unrestricted right to reproduce, distribute, modify, maintain, and use the media in any way ODJFS deems appropriate. GRANTEE SUBGRANTEE further agrees not to seek or obtain copyright, patent or other proprietary protection for any materials or items produced under this Agreement. GRANTEE SUBGRANTEE understands that all materials and items produced under this Agreement will be made freely available to the public unless ODJFS determines that certain materials are confidential under federal or state law. B. All ODJFS information that is classified as public or private under Ohio law and ODJFS rules will be treated as such by GRANTEESUBGRANTEE. Should the nature of any information be in question, ODJFS will determine whether the information is public or private. GRANTEE SUBGRANTEE will restrict the use of any information, systems, or records ODJFS provides to the specific Grant Subgrant activities of this Agreement. GRANTEE SUBGRANTEE and its employees agree to be bound by the same standards and rules of confidentiality that apply to employees of ODJFS and the State of Ohio. GRANTEE SUBGRANTEE agrees that the terms of this Section B will be included in any contract or subgrant executed by GRANTEE SUBGRANTEE for work under this Agreement. C. GRANTEE SUBGRANTEE information that is proprietary and has been specifically identified by GRANTEE SUBGRANTEE as proprietary will be held as confidential by ODJFS. Proprietary information is information that would put GRANTEE SUBGRANTEE at a competitive disadvantage in GRANTEESUBGRANTEE’s market place marketplace and trade if it were made public. ODJFS reserves the right to require reasonable evidence of GRANTEESUBGRANTEE’s assertion of the proprietary nature of any information. The provisions of this ARTICLE are not self-executing. GRANTEE SUBGRANTEE must demonstrate that any information claimed as proprietary meets the definition of “trade secretssecret” found at ORC 1333.611333.61 and shall defend such a claim. D. For Audit Purposes Only: All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFS, and copies of all materials produced under or pertaining to this Agreement will be retained by GRANTEE SUBGRANTEE and will be made available for audit by state and federal government entities that include include, but not limited to, ODJFS, the Ohio Auditor of State, the Ohio Inspector General and all duly authorized law enforcement officials. The records and materials will be retained and made available for a minimum of three 3 years after GRANTEE SUBGRANTEE receives the last payment pursuant to this Agreement. If an audit, litigation or similar action is initiated during this time period, GRANTEE SUBGRANTEE will retain the records until the action is concluded and all issues are resolved, or until the end of the three (3) -year period if the action is resolved prior to the end of the three-3 year period, unless otherwise directed below in Section E of this ARTICLE. If applicable, GRANTEE SUBGRANTEE must meet the requirements of the OMB Omni- Omni-Circular, 2 CFR Part 200. GRANTEE , Subpart D and F. SUBGRANTEE acknowledges, in accordance with ORC 149.43, that financial records related to the performance of services under this Agreement are presumptively deemed public records. E. All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFS, and copies of all materials produced under or pertaining to this Grant Agreement will be retained by GRANTEE SUBGRANTEE in accordance to the appropriate records retention schedule. The appropriate records retention schedule for this Grant Agreement is [INSERT RECORDS SCHEDULE], [Must be a minimum of three (3) 5 years-DO NOT INCLUDE IN THE AGREEMENT]. If any records are destroyed prior to the date as determined by the appropriate records retention schedule, GRANTEE SUBGRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. F. GRANTEE X. XXXXXXXXXX agrees to retain all records in accordance to any litigation holds that are provided to them by ODJFS, and actively participate in the discovery process if required to do so, at no additional charge. Litigation holds may require GRANTEE SUBGRANTEE to keep the records longer than the approved records retention schedule. GRANTEE SUBGRANTEE will be notified by ODJFS when the litigation hold ends ends, and retention can resume based on the approved records retention schedule. If GRANTEE SUBGRANTEE fails to retain the pertinent records after receiving a litigation hold from ODJFS, GRANTEE SUBGRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. G. GRANTEE If applicable, SUBGRANTEE hereby agrees to current and ongoing compliance with Title 42, Sections Section 1320d through 1320d- 8 1320d-8 of the United States Code (USC42 USC 1320d-1320d-8) and the implementing regulations found at Title 45, Sections 45 CFR 164.502(e) and 164.504(e) of the Code of Federal Regulations (CFR) regarding disclosure of Protected Health Information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). GRANTEE If applicable, SUBGRANTEE further agrees to include the terms of this Section G in any subgrant agreements that may be executed pursuant to this Agreement.

RECORDS, DOCUMENTS AND INFORMATION. GRANTEE SUBGRANTEE agrees that all records, documents, writings, and other information, created or used pursuant to this Agreement will be treated according to the following terms, and that the terms will be included in any subgrant agreements executed for the performance of Subgrant Activities relative to this Agreement: A. [PUBLIC UNIVERSITY] ODJFS XXX agrees that any media (including documents, reports, data, photographs, and electronic reports and records) produced pursuant to this Agreement or acquired with Subgrant funds will become the property of SUBGRANTEE. However, SUBGRANTEE is required to obtain ODM prior approval for release of any results, including preliminary and/or final results, related to funded projects or funded data under this Agreement, and any documents, reports, data, photographs (including negatives), electronic reports and records, and other media produced under this Agreement or with funds provided by this Subgrant will become the property of SUBGRANTEEAgreement. Additionally, which will have the unrestricted right SUBGRANTEE grants to reproduce, distribute, modify, maintain and use in any way it deems appropriate. However, ODJFS is hereby granted ODM a perpetual royalty-free, nonexclusive, and irrevocable license to use, reproduce, publish, modify, distribute, or otherwise useand distribute any such media[, and to authorize others to use for state or federal purposes: 1. The copyright in any work developed in whole or part with funds provided pursuant to this Subgrant; and 2. Any rights of copyright SUBGRANTEE purchases in whole or in part with funds provided pursuant to this Subgrant. SUBGRANTEE also agrees that all materials and items produced under this Agreement will be made freely available to the general public unless ODJFS ODM determines that, pursuant to federal and state laws, such materials are confidential. A. GRANTEE agrees that any media produced pursuant to this Agreement or acquired with Grant funds will become the property of ODJFS. This includes all documents, reports, data, photographs (including negatives), and electronic reports and records. ODJFS will maintain the unrestricted right to reproduce, distribute, modify, maintain, and use the media in any way ODJFS deems appropriate. GRANTEE further agrees not to seek or obtain copyright, patent or other proprietary protection for any materials or items produced under this Agreement. GRANTEE understands that all materials and items produced under this Agreement will be made freely available to the public unless ODJFS determines that certain materials are confidential under federal or state law. B. All ODJFS ODM information that is classified as public or private under Ohio law and ODJFS ODM rules will be treated as such by GRANTEESUBGRANTEE. Should the nature of any information be in question, ODJFS ODM will determine whether the information is public or private. GRANTEE SUBGRANTEE will restrict the use of any information, systems, or records ODJFS ODM provides to the specific Grant Subgrant activities of this Agreement. GRANTEE SUBGRANTEE and its employees agree to be bound by the same standards and rules of confidentiality that apply to employees of ODJFS ODM and the State of Ohio. GRANTEE SUBGRANTEE agrees that the terms of this Section B will be included in any contract or subgrant executed by GRANTEE SUBGRANTEE for work under this Agreement. C. GRANTEE SUBGRANTEE information that is proprietary and has been specifically identified by GRANTEE SUBGRANTEE as proprietary will be held as confidential by ODJFSODM. Proprietary information is information that would put GRANTEE SUBGRANTEE at a competitive disadvantage in GRANTEESUBGRANTEE’s market place and trade if it were made public. ODJFS ODM reserves the right to require reasonable evidence of GRANTEESUBGRANTEE’s assertion of the proprietary nature of any information. The provisions of this ARTICLE Article are not self-executing. GRANTEE SUBGRANTEE must demonstrate that any information claimed as proprietary meets the definition of “trade secrets” found at ORC 1333.61, and shall defend such a claim. D. For Audit Purposes Only: All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFSODM, and copies of all materials produced under or pertaining to this Agreement will be retained by GRANTEE SUBGRANTEE and will be made available for audit by state and federal government entities that include include, but not limited to, ODJFSODM, the Ohio Auditor of State, the Ohio Inspector General and all duly authorized law enforcement officials. The records and materials will be retained and made available for a minimum of three years after GRANTEE SUBGRANTEE receives the last payment pursuant to this Agreement. If an audit, litigation audit or similar action is initiated during this time period, GRANTEE SUBGRANTEE will retain the records until the action is concluded and all issues are resolved, or until the end of the three (3) three-year period if the action is resolved prior to the end of the three-year period, unless otherwise directed below in Section E of this Article. If applicable, GRANTEE SUBGRANTEE must meet the requirements of the OMB Omni- Omni-Circular, 2 CFR Part 200. GRANTEE , Subpart D and F. SUBGRANTEE acknowledges, in accordance with ORC 149.43, that financial records related to the performance of services under this Agreement are presumptively deemed public records. E. All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFSODM, and copies of all materials produced under or pertaining to this Grant Agreement will be retained by GRANTEE SUBGRANTEE in accordance to the appropriate records retention schedule. The appropriate records retention schedule for this Grant Agreement is [INSERT RECORDS SCHEDULE], [Must be a minimum of three five (35) years-DO NOT INCLUDE IN THE AGREEMENT]. If any records are destroyed prior to the date as determined by the appropriate records retention schedule, GRANTEE SUBGRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. F. GRANTEE SUBGRANTEE agrees to retain all records in accordance to any litigation holds that are provided to them by ODJFSODM, and actively participate in the discovery process if required to do so, at no additional charge. Litigation holds may require GRANTEE SUBGRANTEE to keep the records longer than the approved records retention schedule. GRANTEE SUBGRANTEE will be notified by ODJFS ODM when the litigation hold ends and retention can resume based on the approved records retention schedule. If GRANTEE SUBGRANTEE fails to retain the pertinent records after receiving a litigation hold from ODJFSODM, GRANTEE SUBGRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. G. GRANTEE SUBGRANTEE hereby agrees to current and ongoing compliance with Title 42, Sections Section 1320d through 1320d- 8 1320d-8 of the United States Code (USC42 USC 1320d -1320d-8) and the implementing regulations found at Title 45, Sections 45 CFR 164.502(e) and 164.504(e) of the Code of Federal Regulations (CFR) regarding disclosure of Protected Health Information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). GRANTEE SUBGRANTEE further agrees to include the terms of this Section in any subgrant agreements that may be executed pursuant to this Agreement.

RECORDS, DOCUMENTS AND INFORMATION. GRANTEE agrees that all records, documents, writings, and other information, created or used pursuant to this Agreement will be treated according to the following terms, and that the terms will be included in any subgrant agreements executed for the performance of Activities relative to this Agreement: A. [PUBLIC UNIVERSITY] ODJFS agrees that any documents, reports, data, photographs (including negatives), electronic reports and records, and other media produced under this Agreement or with funds provided by this Subgrant will become the property of SUBGRANTEE, which will have the unrestricted right to reproduce, distribute, modify, maintain and use in any way it deems appropriate. However, ODJFS is hereby granted a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, modify, distribute, or otherwise use, and to authorize others to use for state or federal purposes: 1. The copyright in any work developed in whole or part with funds provided pursuant to this Subgrant; and 2. Any rights of copyright SUBGRANTEE purchases in whole or part with funds provided pursuant to this Subgrant. SUBGRANTEE also agrees that all materials and items produced under this Agreement will be made freely available to the general public unless ODJFS determines that, pursuant to federal and state laws, such materials are confidential. A. GRANTEE agrees that any media produced pursuant to this Agreement or acquired with Grant funds will become the property of ODJFS. This includes all documents, reports, data, photographs (including negatives), and electronic reports and records. ODJFS will maintain the unrestricted right to reproduce, distribute, modify, maintain, and use the media in any way ODJFS deems appropriate. GRANTEE further agrees not to seek or obtain copyright, patent or other proprietary protection for any materials or items produced under this Agreement. GRANTEE understands that all materials and items produced under this Agreement will be made freely available to the public unless ODJFS determines that certain materials are confidential under federal or state law. B. All ODJFS information that is classified as public or private under Ohio law and ODJFS rules will be treated as such by GRANTEE. Should the nature of any information be in question, ODJFS will determine whether the information is public or private. GRANTEE will restrict the use of any information, systems, or records ODJFS provides to the specific Grant activities specified in ARTICLE I of this Agreement. GRANTEE and its employees agree to be bound by the same standards and rules of confidentiality that apply to employees of ODJFS and the State of Ohio. GRANTEE agrees that the terms of this Section B will be included in any contract or subgrant executed by GRANTEE for work under this Agreement. C. GRANTEE information that is proprietary and has been specifically identified by GRANTEE as proprietary will be held as confidential by ODJFS. Proprietary information is information that would put GRANTEE at a competitive disadvantage in GRANTEE’s market place and trade if it were made public. ODJFS reserves the right to require reasonable evidence of GRANTEE’s assertion of the proprietary nature of any information. The provisions of this ARTICLE Article are not self-executing. GRANTEE must demonstrate that any information claimed as proprietary meets the definition of “trade secrets” ―trade secrets‖ found at ORC 1333.61. D. For Audit Purposes Only: All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFS, and copies of all materials produced under or pertaining to this Agreement will be retained by GRANTEE and will be made available for audit by state and federal government entities that include but not limited to, ODJFS, the Ohio Auditor of State, the Ohio Inspector General and all duly authorized law enforcement officials. The records and materials will be retained and made available for a minimum of three (3) years after GRANTEE receives the last payment pursuant to this Agreement. If an audit, litigation or similar action is initiated during this time period, GRANTEE will retain the records until the action is concluded and all issues are resolved, or until the end of the three (3) three-year period if the action is resolved prior to the end of the three-year period. If applicable, GRANTEE must meet the requirements of OMB Omni- Circularthe federal Office of Management and Budget (OMB) Circulars X-000, 2 CFR Part 200X-000, and A-133. GRANTEE acknowledges, in accordance with ORC 149.43, that financial records related to the performance of services under this Agreement are presumptively deemed public records. E. All records relating to cost, work performed, supporting documentation for invoices submitted to ODJFS, and copies of all materials produced under or pertaining to this Grant will be retained by GRANTEE in accordance to the appropriate records retention schedule. The appropriate records retention schedule for this Grant is [INSERT RECORDS SCHEDULE], [Must be a minimum of three (3) years-DO NOT INCLUDE IN THE AGREEMENT]. If any records are destroyed prior to the date as determined by the appropriate records retention schedule, GRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. F. GRANTEE agrees to retain all records in accordance to any litigation holds that are provided to them by ODJFS, and actively participate in the discovery process if required to do so, at no additional charge. Litigation holds may require GRANTEE to keep the records longer than the approved records retention schedule. GRANTEE will be notified by ODJFS when the litigation hold ends and retention can resume based on the approved records retention schedule. If GRANTEE fails to retain the pertinent records after receiving a litigation hold from ODJFS, GRANTEE agrees to pay all costs associated with any cause, action or litigation arising from such destruction. G. GRANTEE hereby agrees to current and ongoing compliance with Title 42, Sections 1320d through 1320d- 8 of the United States Code (USC42 USC 1320(d) -1320(d)(8) and the implementing regulations found at Title 45, Sections 45 CFR 164.502(e) and 164.504(e) of the Code of Federal Regulations (CFR) regarding disclosure of Protected Health Information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA―HIPAA‖). GRANTEE further agrees to include the terms of this Section E in any subgrant agreements that may be executed pursuant to this Agreement.