Common use of RECORDS, DOCUMENTS AND INFORMATION Clause in Contracts

RECORDS, DOCUMENTS AND INFORMATION. XXXXXXXXXX agrees that all records, documents, writings, or other information, whatever their form, produced by CONTRACTOR under this Contract, and all records, documents, writings, or other information used by CONTRACTOR in the performance of this Contract are treated according to the following terms: A. All ODJFS information which, under the laws of the State of Ohio or federal law, is classified as public or as private will be treated as such by CONTRACTOR. Where there is a question as to whether information is public or private, ODJFS will make the final determination. B. All CONTRACTOR information which is proprietary will be held strictly confidential by ODJFS. Proprietary information is information which, if made public, would put CONTRACTOR at a disadvantage in the marketplace and trade of which CONTRACTOR is a part. CONTRACTOR is responsible for notifying ODJFS of the nature of the information prior to its release to ODJFS. Failure to provide such prior notification is deemed to be a waiver of the proprietary nature of the information, and a waiver of any right of CONTRACTOR to proceed against ODJFS for violation of this Contract or of any proprietary or trade secret laws. Such failure shall also be deemed a waiver of trade secret protection in that the CONTRACTOR will have failed to make efforts that are reasonable under the circumstances to maintain the information’s secrecy [see, section 1333.61(D)(2) of the Ohio Revised Code]. ODJFS reserves the right to require reasonable evidence of CONTRACTOR’s assertion of the proprietary nature of any information to be provided. ODJFS will make the final determination as to whether any or all of the information identified by the CONTRACTOR is proprietary or is a trade secret. C. All records relating to costs, work performed, and supporting documentation for invoices submitted to ODJFS by CONTRACTOR along with copies of all Deliverables submitted to ODJFS pursuant to this Contract will be retained and made available by CONTRACTOR for audit by the State of Ohio (including but not limited to ODJFS, the Auditor of the State of Ohio, the Inspector General of Ohio, or any duly authorized law enforcement officials) and by agencies of the United States government for a minimum of three (3) years after payment for work performed under this Contract. If an audit, litigation, or other action related to this Contract is initiated during this time period, CONTRACTOR shall retain such records until the action is concluded and all issues have been resolved or the three (3) years end, whichever is later. If appropriate, CONTRACTOR must comply with the requirements of the federal OMB Circular X-00, X-000, X-000, or X- 000. CONTRACTOR acknowledges, in accordance with section 149.31 of the Ohio Revised Code, that financial records related to the performance of services under this Contract are presumptively deemed to be public records. D. CONTRACTOR agrees that it will not use any information, systems, or records made available to it for any purpose other than to fulfill the contractual duties specified herein. XXXXXXXXXX agrees to be bound by the same standards of confidentiality that apply to the employees of ODJFS and the State of Ohio. The terms of this ARTICLE will be included in any subcontracts executed by the CONTRACTOR for work under this Contract. CONTRACTOR agrees that any data made available to CONTRACTOR by ODJFS shall be returned to ODJFS not later than ninety (90) days following the termination of this Contract, and CONTRACTOR shall certify that it retains no copies of source data. CONTRACTOR hereby agrees to current and ongoing compliance with 42 U.S.C. Sections 1320d through 1320d-8 and the implementing regulations found at 45 C.F.R. 164.502(e) and 164.504(e) regarding disclosure of protected health information under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

RECORDS, DOCUMENTS AND INFORMATION. XXXXXXXXXX CONTRACTOR agrees that all records, documents, writings, or other information, whatever their form, produced by CONTRACTOR under this Contract, and all records, documents, writings, or other information used by CONTRACTOR in the performance of this Contract are treated according to the following terms: A. All ODJFS information whichthat, under the laws of the State of Ohio or federal law, is classified as public or as private will be treated as such by CONTRACTOR. Where In the event there is a question as to whether information is public or private, ODJFS will make the final determination. B. All CONTRACTOR information which that is proprietary will be held strictly confidential by ODJFS. Proprietary information is information which, if made public, would put CONTRACTOR at a disadvantage in the CONTRACTOR’s marketplace and trade of which CONTRACTOR is a parttrade. CONTRACTOR is responsible for notifying ODJFS of the proprietary nature of the information prior to its release to ODJFS. Failure to provide such prior notification is deemed to be a waiver of the proprietary nature of the information, and a waiver of any CONTRACTOR’s right of CONTRACTOR to proceed against ODJFS for violation of this Contract or of any proprietary or trade secret laws. Such CONTRACTOR’s failure shall to provide prior notification will also be deemed a waiver of trade secret protection in that the CONTRACTOR will have failed to make reasonable efforts that are reasonable under the circumstances to maintain the information’s secrecy [see, section pursuant to ORC 1333.61(D)(2) of the Ohio Revised Code]). ODJFS reserves the right to require reasonable evidence of CONTRACTOR’s assertion of the proprietary nature of any information to be provided. ODJFS provided and will make the final determination as to whether any or all of the information identified by the CONTRACTOR is proprietary or is a trade secret. C. All records relating to costs, work performed, and supporting documentation for invoices submitted to ODJFS by CONTRACTOR along with copies of all Deliverables submitted to ODJFS pursuant to this Contract will be retained and made available by CONTRACTOR for audit by the State of Ohio (including but not limited to ODJFS, the Auditor of the State of Ohio, the Inspector General of Ohio, or any duly authorized law enforcement officials) and by agencies of the United States government for a minimum of three (3) years after payment for work performed under this Contract. If an audit, litigation, or other action related to this Contract is initiated during this time period, CONTRACTOR shall will retain such the records until the action is concluded and all issues have been resolved or the three (3) years end, whichever is laterresolved. If appropriate, CONTRACTOR must comply with the requirements of the federal OMB Circular Circulars X-00, X-000, X-000, or X- 000xx X-000. CONTRACTOR acknowledges, in accordance with section 149.31 of the Ohio Revised CodeORC 149.31, that financial records related to the performance of services under this Contract are presumptively deemed to be public records. D. CONTRACTOR agrees that it will not to use any information, systems, or records made available to it for any purpose other than to fulfill the contractual duties specified herein. XXXXXXXXXX CONTRACTOR agrees to be bound by the same standards of confidentiality that apply to the employees of ODJFS and the State of Ohio. The terms of this ARTICLE VII will be included in any subcontracts executed by the CONTRACTOR for work under this Contract. CONTRACTOR agrees that any data made available to CONTRACTOR by ODJFS shall will be returned to ODJFS not no later than ninety (90) days following the termination of this Contract, and CONTRACTOR shall certify certifies that it retains no will not retain copies of source data, or any product of source data. CONTRACTOR hereby agrees to current and ongoing compliance with 42 U.S.C. Sections United States Code (USC) 1320d through 1320d-8 and the implementing regulations found at 45 C.F.R. CFR 164.502(e) and 164.504(e) ), regarding disclosure of protected health information Protected Health Information under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

RECORDS, DOCUMENTS AND INFORMATION. XXXXXXXXXX agrees that all records, documents, writings, or other information, whatever their form, produced by CONTRACTOR under this Contract, and all records, documents, writings, or other information used by CONTRACTOR in the performance of this Contract are treated according to the following terms: A. All ODJFS information whichthat, under the laws of the State of Ohio or federal law, is classified as public or as private will be treated as such by CONTRACTOR. Where In the event there is a question as to whether information is public or private, ODJFS will make the final determination. B. All CONTRACTOR information which that is proprietary will be held strictly confidential by ODJFS. Proprietary information is information which, if made public, would put CONTRACTOR at a disadvantage in the CONTRACTOR’s marketplace and trade of which CONTRACTOR is a parttrade. CONTRACTOR is responsible for notifying ODJFS of the proprietary nature of the information prior to its release to ODJFS. Failure to provide such prior notification is deemed to be a waiver of the proprietary nature of the information, and a waiver of any CONTRACTOR’s right of CONTRACTOR to proceed against ODJFS for violation of this Contract or of any proprietary or trade secret laws. Such CONTRACTOR’s failure shall to provide prior notification will also be deemed a waiver of trade secret protection in that the CONTRACTOR will have failed to make reasonable efforts that are reasonable under the circumstances to maintain the information’s secrecy [see, section pursuant to ORC 1333.61(D)(2) of the Ohio Revised Code]). ODJFS reserves the right to require reasonable evidence of CONTRACTOR’s assertion of the proprietary nature of any information to be provided. ODJFS provided and will make the final determination as to whether any or all of the information identified by the CONTRACTOR is proprietary or is a trade secret. C. All records relating to costs, work performed, and supporting documentation for invoices submitted to ODJFS by CONTRACTOR along with copies of all Deliverables submitted to ODJFS pursuant to this Contract will be retained and made available by CONTRACTOR for audit by the State of Ohio (including but not limited to ODJFS, the Auditor of the State of Ohio, the Inspector General of Ohio, or any duly authorized law enforcement officials) and by agencies of the United States government for a minimum of three (3) years after payment for work performed under this Contract. If an audit, litigation, or other action related to this Contract is initiated during this time period, CONTRACTOR shall will retain such the records until the action is concluded and all issues have been resolved or the three (3) years end, whichever is laterresolved. If appropriate, CONTRACTOR must comply with the requirements of the federal OMB Circular X-00Office of Management and Budget (“OMB”) Circulars A-87, X-000, X-000A-21, or X- 000A-133. CONTRACTOR acknowledges, in accordance with section 149.31 of the Ohio Revised CodeORC 149.43, that financial records related to the performance of services under this Contract are presumptively deemed to be public records. D. CONTRACTOR agrees that it will not to use any information, systems, or records made available to it for any purpose other than to fulfill the contractual duties specified herein. XXXXXXXXXX agrees to be bound by the same standards of confidentiality that apply to the employees of ODJFS and the State of Ohio. The terms of this ARTICLE VII will be included in any subcontracts executed by the CONTRACTOR for work under this Contract. CONTRACTOR agrees that any data made available to CONTRACTOR by ODJFS shall XXXXX will be returned to ODJFS not no later than ninety (90) days following the termination of this Contract, and CONTRACTOR shall certify certifies that it retains no will not retain copies of source data, or any product of source data. CONTRACTOR hereby agrees to current and ongoing compliance with 42 U.S.C. Sections United States Code (USC) 1320d through 1320d-8 and the implementing regulations found at 45 C.F.R. CFR 164.502(e) and 164.504(e) ), regarding disclosure of protected health information Protected Health Information under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

RECORDS, DOCUMENTS AND INFORMATION. XXXXXXXXXX CONTRACTOR agrees that all records, documents, writings, or other information, whatever their form, produced by CONTRACTOR under this Contract, and all records, documents, writings, or other information used by CONTRACTOR in the performance of this Contract are treated according to the following terms: A. : All ODJFS information whichthat, under the laws of the State of Ohio or federal law, is classified as public or as private will be treated as such by CONTRACTOR. Where In the event there is a question as to whether information is public or private, ODJFS will make the final determination. B. . All CONTRACTOR information which that is proprietary will be held strictly confidential by ODJFS. Proprietary information is information which, if made public, would put CONTRACTOR at a disadvantage in the CONTRACTOR’s marketplace and trade of which CONTRACTOR is a parttrade. CONTRACTOR is responsible for notifying ODJFS of the proprietary nature of the information prior to its release to ODJFS. Failure to provide such prior notification is deemed to be a waiver of the proprietary nature of the information, and a waiver of any CONTRACTOR’s right of CONTRACTOR to proceed against ODJFS for violation of this Contract or of any proprietary or trade secret laws. Such CONTRACTOR’s failure shall to provide prior notification will also be deemed a waiver of trade secret protection in that the CONTRACTOR will have failed to make reasonable efforts that are reasonable under the circumstances to maintain the information’s secrecy [see, section pursuant to ORC 1333.61(D)(2) of the Ohio Revised Code]). ODJFS reserves the right to require reasonable evidence of CONTRACTOR’s assertion of the proprietary nature of any information to be provided. ODJFS provided and will make the final determination as to whether any or all of the information identified by the CONTRACTOR is proprietary or is a trade secret. C. . All records relating to costs, work performed, and supporting documentation for invoices submitted to ODJFS by CONTRACTOR along with copies of all Deliverables submitted to ODJFS pursuant to this Contract will be retained and made available by CONTRACTOR for audit by the State of Ohio (including but not limited to ODJFS, the Auditor of the State of Ohio, the Inspector General of Ohio, or any duly authorized law enforcement officials) and by agencies of the United States government for a minimum of three (3) years after payment for work performed under this Contract. If an audit, litigation, or other action related to this Contract is initiated during this time period, CONTRACTOR shall will retain such the records until the action is concluded and all issues have been resolved or the three (3) years end, whichever is laterresolved. If appropriate, CONTRACTOR must comply with the requirements of the federal OMB Circular Circulars X-00, X-000, X-000, or X- 000xx X-000. CONTRACTOR acknowledges, in accordance with section 149.31 of the Ohio Revised CodeORC 149.31, that financial records related to the performance of services under this Contract are presumptively deemed to be public records. D. . CONTRACTOR agrees that it will not to use any information, systems, or records made available to it for any purpose other than to fulfill the contractual duties specified herein. XXXXXXXXXX CONTRACTOR agrees to be bound by the same standards of confidentiality that apply to the employees of ODJFS and the State of Ohio. The terms of this ARTICLE VII will be included in any subcontracts executed by the CONTRACTOR for work under this Contract. CONTRACTOR agrees that any data made available to CONTRACTOR by ODJFS shall will be returned to ODJFS not no later than ninety (90) days following the termination of this Contract, and CONTRACTOR shall certify certifies that it retains no will not retain copies of source data, or any product of source data. CONTRACTOR hereby agrees to current and ongoing compliance with 42 U.S.C. Sections United States Code (USC) 1320d through 1320d-8 and the implementing regulations found at 45 C.F.R. CFR 164.502(e) and 164.504(e) ), regarding disclosure of protected health information Protected Health Information under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).