Common use of Reimbursement of Expenses Associated with Security Breach Clause in Contracts

Reimbursement of Expenses Associated with Security Breach. Reimbursement of Expenses Associated with Security Breach) of Exhibit G (Supplemental SDPC State Terms for Illinois) is hereby deleted in its entirety and replaced with the following: Provider shall, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider: (a) pay for or reimburse the cost of providing notification to the parents of those students whose Student Data was compromised; (b) provide credit monitoring to those students whose Student Data was exposed in a manner during the Security Breach that a reasonable person would believe that it could impact his or her credit or financial security; and (c) provide any other notifications or fulfilling any other legal requirements adopted by the Illinois State Board of Education or of any other applicable state or federal laws. Additionally, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider, Provider shall, at its own expense, retain an independent auditor to conduct and manage an audit as reasonably necessary to investigate the source and scope of the Security Breach. Provider shall defend, indemnify, and hold harmless LEA for legal fees, fines, and damages arising from third party claims against LEA for a Security Breach to the extent such breach is determined to have been caused by the actions or omissions of Provider. LEA must immediately notify the Provider of such a claim. Provider may assume, in its sole discretion, control of the defense, appeal, or settlement of any such third party claim by sending LEA a written notice of assumption within ten (10) business days of receiving notice. If Provider assumes control of the defense, LEA shall fully cooperate with Provider in connection therewith and may employ (at its own expense) separate counsel to represent it.

Reimbursement of Expenses Associated with Security Breach. Reimbursement of Expenses Associated with Security Breach) of Exhibit G (Supplemental SDPC State Terms for Illinois) is hereby deleted in its entirety and replaced with the following: Provider shall, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider: (a) pay for or reimburse the cost of providing notification to the parents of those students whose Student Data was compromised; (b) provide credit monitoring to those students whose Student Data was exposed in a manner during the Security Breach that a reasonable person would believe that it could impact his or her credit or financial security; and (c) provide any other notifications or fulfilling any other legal requirements adopted by the Illinois State Board of Education or of any other applicable state or federal laws. Additionally, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider, Provider shall, at its own expense, retain an independent auditor to conduct and manage an audit as reasonably necessary to investigate the source and scope of the Security Breach. Provider shall defend, indemnify, and hold harmless LEA for legal fees, fines, and damages arising from third party claims against LEA XXX for a Security Breach to the extent such breach is determined to have been caused by the actions or omissions of Provider. LEA XXX must immediately notify the Provider of such a claim. Provider may assume, in its sole discretion, control of the defense, appeal, or settlement of any such third party claim by sending LEA XXX a written notice of assumption within ten (10) business days of receiving notice. If Provider assumes control of the defense, LEA XXX shall fully cooperate with Provider in connection therewith and may employ (at its own expense) separate counsel to represent it.

Reimbursement of Expenses Associated with Security Breach. (Reimbursement of Expenses Associated with Security Breach) of Exhibit G (Supplemental SDPC State Terms for Illinois) is hereby deleted in its entirety and replaced with the following: Provider shall, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider: (a) pay for or reimburse the cost of providing notification to the parents of those students whose Student Data was compromised; (b) provide credit monitoring to those students whose Student Data was exposed in a manner during the Security Breach that a reasonable person would believe that it could impact his or her credit or financial security; and (c) provide any other notifications or fulfilling any other legal requirements adopted by the Illinois State Board of Education or of any other applicable state or federal laws. Additionally, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider, Provider shall, at its own expense, retain an independent auditor to conduct and manage an audit as reasonably necessary to investigate the source and scope of the Security Breach. Provider shall defend, indemnify, and hold harmless LEA for legal fees, fines, and damages arising from third party claims against LEA for a Security Breach to the extent such breach is determined to have been caused by the actions or omissions of ProviderProvider up to and not to exceed, in aggregate, twice the amount LEA paid Provider for the Services giving rise to such claim in the calendar year in which such claim arose. LEA must immediately notify the Provider of such a claim. Provider may assume, in its sole discretion, control of the defense, appeal, or settlement of any such third party claim by sending LEA a written notice of assumption within ten (10) business days of receiving notice. If Provider assumes control of the defense, LEA shall fully cooperate with Provider in connection therewith and may employ (at its own expense) separate counsel to represent it.ten

Reimbursement of Expenses Associated with Security Breach. Reimbursement of Expenses Associated with Security Breach) of Exhibit G (Supplemental SDPC State Terms for Illinois) is hereby deleted in its entirety and replaced with the following: “Provider shall, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider: (a) pay for or reimburse the cost of providing notification to the parents of those students whose Student Data was compromised; (b) provide credit monitoring to those students whose Student Data was exposed in a manner during the Security Breach that a reasonable person would believe that it could impact his or her credit or financial security; and (c) provide any other notifications or fulfilling any other legal requirements adopted by the Illinois State Board of Education or of any other applicable state or federal laws. Additionally, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider, Provider shall, at its own expense, retain an independent auditor to conduct and manage an audit as reasonably necessary to investigate the source and scope of the Security Breach. Provider shall defend, indemnify, and hold harmless LEA for legal fees, fines, and damages arising from third party claims against LEA for a Security Breach to the extent such breach is determined to have been caused by the actions or omissions of ProviderProvider up to and not to exceed, in aggregate, twice the amount LEA paid Provider for the Services giving rise to such claim in the calendar year in which such claim arose. LEA must immediately notify the Provider of such a claim. Provider may assume, in its sole discretion, control of the defense, appeal, or settlement of any such third party claim by sending LEA a written notice of assumption within ten (10) business days of receiving notice. If Provider assumes control of the defense, LEA shall fully cooperate with Provider in connection therewith and may employ (at its own expense) separate counsel to represent it.”

Reimbursement of Expenses Associated with Security Breach. (Reimbursement of Expenses Associated with Security Breach) of Exhibit G (Supplemental SDPC State Terms for Illinois) is hereby deleted in its entirety and replaced with the following: Provider shall, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider: (a) pay for or reimburse the cost of providing notification to the parents of those students whose Student Data was compromised; (b) provide credit monitoring to those students whose Student Data was exposed in a manner during the Security Breach that a reasonable person would believe that it could impact his or her credit or financial security; and (c) provide any other notifications or fulfilling any other legal requirements adopted by the Illinois State Board of Education or of any other applicable state or federal laws. Additionally, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider, Provider shall, at its own expense, retain an independent auditor to conduct and manage an audit as reasonably necessary to investigate the source and scope of the Security Breach. Provider shall defend, indemnify, and hold harmless LEA for legal fees, fines, and damages arising from third party claims against LEA for a Security Breach to the extent such breach is determined to have been caused by the actions or omissions of Provider. LEA must immediately notify the Provider of such a claim. Provider may assume, in its sole discretion, control of the defense, appeal, or settlement of any such third party claim by sending LEA a written notice of assumption within ten (10) business days of receiving notice. If Provider assumes control of the defense, LEA shall fully cooperate with Provider in connection therewith and may employ (at its own expense) separate counsel to represent it.ten

Reimbursement of Expenses Associated with Security Breach. Reimbursement of Expenses Associated with Security Breach) of Exhibit G (Supplemental SDPC State Terms for Illinois) is hereby deleted in its entirety and replaced with the following: “Provider shall, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider: (a) pay for or reimburse the cost of providing notification to the parents of those students whose Student Data was compromised; (b) provide credit monitoring to those students whose Student Data was exposed in a manner during the Security Breach that a reasonable person would believe that it could impact his or her credit or financial security; and (c) provide any other notifications or fulfilling any other legal requirements adopted by the Illinois State Board of Education or of any other applicable state or federal laws. Additionally, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider, Provider shall, at its own expense, retain an independent auditor to conduct and manage an audit as reasonably necessary to investigate the source and scope of the Security Breach. Provider shall defend, indemnify, and hold harmless LEA for legal fees, fines, and damages arising from third party claims against LEA for a Security Breach to the extent such breach is determined to have been caused by the DocuSign Envelope ID: 3B0748A8-80DA-485B-AC75-5F271D86EB43 actions or omissions of ProviderProvider up to and not to exceed, in aggregate, twice the amount LEA paid Provider for the Services giving rise to such claim in the calendar year in which such claim arose. LEA must immediately notify the Provider of such a claim. Provider may assume, in its sole discretion, control of the defense, appeal, or settlement of any such third party claim by sending LEA a written notice of assumption within ten (10) business days of receiving notice. If Provider assumes control of the defense, LEA shall fully cooperate with Provider in connection therewith and may employ (at its own expense) separate counsel to represent it.ten

Reimbursement of Expenses Associated with Security Breach. Reimbursement of Expenses Associated with Security Breach) of Exhibit G (Supplemental SDPC State Terms for Illinois) is hereby deleted in its entirety and replaced with the following: Provider shall, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider: (a) pay for or reimburse the cost of providing notification to the parents of those students whose Student Data was compromised; (b) provide credit monitoring to those students whose Student Data was exposed in a manner during the Security Breach that a reasonable person would believe that it could impact his or her credit or financial security; and (c) provide any other notifications or fulfilling any other legal requirements adopted by the Illinois State Board of Education or of any other applicable state or federal laws. Additionally, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider, Provider shall, at its own expense, retain an independent auditor to conduct and manage an audit as reasonably necessary to investigate the source and scope of the Security Breach. Provider shall defend, indemnify, and hold harmless LEA for legal fees, fines, and damages arising from third party claims against LEA for a Security Breach to the extent such breach is determined to have been caused by the actions or omissions of Provider. LEA must immediately notify the Provider of such a claim. Provider may assume, in its sole discretion, control of the defense, appeal, or settlement of any such third party claim by sending LEA a written notice of assumption within ten (10) business days of receiving notice. If Provider assumes control of the defense, LEA shall fully cooperate with Provider in connection therewith and may employ (at its own expense) separate counsel to represent it.. DocuSign Envelope ID: D235FCE7-28A2-47B0-81C6-07378CD988E6

Reimbursement of Expenses Associated with Security Breach. Reimbursement of Expenses Associated with Security Breach) of Exhibit G (Supplemental SDPC State Terms for Illinois) is hereby deleted in its entirety and replaced with the following: Provider shall, to the extent a Security Breach is determined directly attributable to have been caused by the actions or omissions of Provider: (a) pay for or reimburse the cost of providing notification to the parents of those students whose Student Data was compromised; (b) provide credit monitoring to those students whose Student Data was exposed in a manner during the Security Breach that a reasonable person would believe that it could impact his or her credit or financial security; and (c) provide any other notifications or fulfilling any other legal requirements adopted by the Illinois State Board of Education or of any other applicable state or federal laws. Additionally, to the extent a Security Breach is determined directly attributable to have been caused by the actions or omissions of Provider, Provider shall, at its own expense, retain an independent auditor to conduct and manage an audit as reasonably necessary to investigate the source and scope of the Security Breach. Provider shall defend, indemnify, and hold harmless LEA for legal fees, fines, and damages arising from third party claims against LEA for a Security Breach to the extent such breach is determined to have been caused by the actions or omissions of Provider. LEA must immediately notify the Provider of such a claim. Provider may assume, in its sole discretion, control of the defense, appeal, or settlement of any such third party claim by sending LEA a written notice of assumption within ten (10) business days of receiving notice. If Provider assumes control of the defense, LEA shall fully cooperate with Provider in connection therewith and may employ (at its own expense) separate counsel to represent it.

Reimbursement of Expenses Associated with Security Breach. Reimbursement of Expenses Associated with Security Breach) of Exhibit G (Supplemental SDPC State Terms for Illinois) is hereby deleted in its entirety and replaced with the following: Provider shall, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider: (a) pay for or reimburse the cost of providing notification to the parents of those students whose Student Data was compromised; (b) provide credit monitoring to those students whose Student Data was exposed in a manner during the Security Breach that a reasonable person would believe that it could impact his or hisor her credit or financial security; and (c) provide any other notifications or fulfilling any other legal requirements adopted by the Illinois State Board of Education or of any other applicable state or federal laws. Additionally, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider, Provider shall, at its own expense, retain an independent auditor to conduct and manage an audit as reasonably necessary to investigate the source and scope of the Security Breach. Provider shall defend, indemnify, and hold harmless LEA for legal fees, fines, and damages arising from third party claims against LEA for a Security Breach to the extent such breach is determined to have been caused by the actions or omissions of Provider. LEA must immediately notify the Provider of such a claim. Provider may assume, in its sole discretion, control of the defense, appeal, or settlement of any such third party claim by sending LEA a written notice of assumption within ten (10) business days of receiving notice. If Provider assumes control of the defense, LEA shall fully cooperate with Provider in connection therewith and may employ (at its own expense) separate counsel to represent it.

Reimbursement of Expenses Associated with Security Breach. Reimbursement of Expenses Associated with Security Breach) of Exhibit G (Supplemental SDPC State Terms for Illinois) is hereby deleted in its entirety and replaced with the following: Provider shall, to the extent a Security Breach is determined to have been caused by directly attributable to the actions Provider (or omissions of Provider: its Subprocessors or Subcontractors): (a) pay for or reimburse the cost of providing notification to the parents of those students whose Student Data was compromised; (b) provide credit monitoring to those students whose Student Data was exposed in a manner during the Security Breach that a reasonable person would believe that it could impact his or her credit or financial security; and (c) provide any other notifications or fulfilling any other legal requirements adopted by the Illinois State Board of Education or of any other applicable state or federal laws. Additionally, to the extent a Security Breach is determined to have been caused by directly attributable to the actions Provider (or omissions of Providerits Subprocessors or Subcontractors), Provider shall, at its own expense, retain an independent auditor to conduct and manage an audit as reasonably necessary to investigate the source and scope of the Security Breach. Provider shall defend, indemnify, and hold harmless LEA for legal fees, fines, and damages arising from third party claims against LEA for a Security Breach to the extent such breach is determined to have been caused by directly attributable to the actions or omissions of Provider. LEA must immediately notify the Provider of such a claim. Provider may assume, in its sole discretion, control of the defense, appeal, or settlement of any such third party claim by sending LEA a written notice of assumption within ten (10) business days of receiving notice. If Provider assumes control of the defense, LEA shall fully cooperate with Provider in connection therewith and may employ (at its own expense) separate counsel to represent it.

Reimbursement of Expenses Associated with Security Breach. Reimbursement of Expenses Associated with Security Breach) of Exhibit G (Supplemental SDPC State Terms for Illinois) is hereby deleted in its entirety and replaced with the following: Provider shall, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider: (a) pay for or reimburse the cost of providing notification to the parents of those students whose Student Data was compromised; (b) provide credit monitoring to those students whose Student Data was exposed in a manner during the Security Breach that a reasonable person would believe that it could impact his or her credit or financial security; and (c) provide any other notifications or fulfilling any other legal requirements adopted by the Illinois State Board of Education or of any other applicable state or federal laws. Additionally, to the extent a Security Breach is determined to have been caused by the actions or omissions of Provider, Provider shall, at its own expense, retain an independent auditor to conduct and manage an audit as reasonably necessary to investigate the source and scope of the Security Breach. Provider shall defend, indemnify, and hold harmless LEA for legal fees, fines, and damages arising from third party claims against LEA XXX for a Security Breach to the extent such breach is determined to have been caused by the actions or omissions of Provider. LEA XXX must immediately notify the Provider of such a claim. Provider may assume, in its sole discretion, control of the defense, appeal, or settlement of any such third party claim by sending LEA XXX a written notice of assumption within ten (10) business days of receiving notice. If Provider assumes control of the defense, LEA XXX shall fully cooperate with Provider in connection therewith and may employ (at its own expense) separate counsel to represent it.. DocuSign Envelope ID: E9A0F935-D470-4A50-9F84-497AE4ADC67F DocuSign Envelope ID: 76C675A0-B964-429C-A6EE-3254590A50F8

Reimbursement of Expenses Associated with Security Breach. Reimbursement of Expenses Associated with Security Breach) of Exhibit G (Supplemental SDPC State Terms for Illinois) is hereby deleted in its entirety and replaced with the following: Provider shall, to the extent a Security Breach is determined to have been caused by directly attributable to the actions Provider (or omissions of Provider: its Subprocessors or Subcontractors): (a) pay for or reimburse the cost of providing notification to the parents of those students whose Student Data was compromised; (b) provide credit monitoring to those students whose Student Data was exposed in a manner during the Security Breach that a reasonable person would believe that it could impact his or her credit or financial security; and (c) provide any other notifications or fulfilling any other legal requirements adopted by the Illinois State Board of Education or of any other applicable state or federal laws. Additionally, to the extent a Security Breach is determined to have been caused by directly attributable to the actions Provider (or omissions of Providerits Subprocessors or Subcontractors), Provider shall, at its own expense, retain an independent auditor to conduct and manage an audit as reasonably necessary to investigate the source and scope of the Security Breach. Provider shall defend, indemnify, and hold harmless LEA for legal fees, fines, and damages arising from third party claims against LEA XXX for a Security Breach to the extent such breach is determined to have been caused by directly attributable to the actions or omissions of Provider. LEA XXX must immediately notify the Provider of such a claim. Provider may assume, in its sole discretion, control of the defense, appeal, or settlement of any such third party claim by sending LEA XXX a written notice of assumption within ten (10) business days of receiving notice. If Provider assumes control of the defense, LEA XXX shall fully cooperate with Provider in connection therewith and may employ (at its own expense) separate counsel to represent it.