Remedies, Penalties. The failure to comply with the requirements of FERPA could subject Partner Organization and any third party to all allowable penalties assessable against Partner Organization under state and federal law. Partner Organization acknowledges and agrees that due to the unique nature of the Information, there may be no adequate remedy at law for any breach of its obligations hereunder, that any such breach will result in irreparable harm to the District, and therefore, that upon any such breach or threatened breach, the District shall be entitled to seek appropriate equitable relief including specific performance and any additional remedies the law may allow, including injunctive relief. In the event the Family Policy Compliance Office of the U.S. Department of Education determines that Partner Organization improperly disclosed personally identifiable information obtained from the District’s education records, the District may not allow Partner Organization access to the District’s education records for at least five years.
Remedies, Penalties. The failure to comply with the requirements of this agreement may subject the Partner to all allowable penalties under state and federal law. The Partner acknowledges and agrees that due to the unique nature of the Information, there may be no adequate remedy under the law for any breach of its obligations hereunder, that any such breach will result in irreparable harm to the District, and therefore, that upon any such breach or threatened breach, the District shall be entitled to seek appropriate equitable relief including specific performance and any additional remedies the law may allow, including injunctive relief. The Partner expressly agrees that should information belonging to the District be impermissibly disclosed or results in a material breach of this Agreement, it will be responsible for the legal defense and pay the actual legal costs, including reasonable attorney’s fees and expenses, if any, that may result provided that the District cooperates and complies with the reasonable requests of the Partner. The receipt or providing of assistance is not a waiver of any breach nor does the receiving or the acceptance of such assistance constitute a waiver of any such breach by the District.
Remedies, Penalties. The failure to comply with the requirements of FERPA will subject the Partner and any third party to all allowable penalties under state and federal law. The Partner acknowledges and agrees that due to the unique nature of the Information, there may be no adequate remedy at law for any breach of its obligations hereunder, that any such breach will result in irreparable harm to the District, and therefore, that upon any such breach or threatened breach, the District shall be entitled to seek appropriate equitable relief including specific performance and any additional remedies the law may allow, including injunctive relief. The Partner expressly agrees that should information belonging to the District be impermissibly disclosed or causes a material breach of this Agreement, it will be responsible for the legal defense and pay the actual legal costs, including reasonable attorney’s fees, if any, that may result provided that the District cooperates and complies with the reasonable requests of the Partner. The receipt or providing such assistance is not a waiver of any breach nor does receiving or the acceptance of such assistance constitute a waiver of any such breach by the District. In the event the Family Policy Compliance Office of the U.S. Department of Education determines that the Partner improperly disclosed personally identifiable information obtained from the District’s education records, the District may not allow the Partner access to the District’s education records for at least five years.
