Common use of Requests to Release NYS Confidential Information to Third Parties Clause in Contracts

Requests to Release NYS Confidential Information to Third Parties. Except where expressly prohibited by law, Contractor shall immediately notify and provide to ITS a copy of any request, subpoena, warrant, judicial or court order, administrative order, or arbitral order of an executive or administrative agency or other governmental authority of competent jurisdiction (a “Demand”) that it receives and which relates to or requires production of NYS Confidential Information that Contractor is processing or storing on the State's behalf. If Contractor is required to produce NYS Confidential Information in response to a Demand, Contractor will provide ITS with the NYS Confidential Information in its possession that it plans to produce in response to the Demand prior to production of such NYS Confidential Information. Except as otherwise required by law, Contractor shall provide ITS reasonable time to assert its rights with respect to the withholding of such NYS Confidential Information from production. If the State is required to produce NYS Confidential Information in response to a Demand, Contractor will, at the State’s request and unless expressly prohibited by law, produce to the State any NYS Confidential Information in its possession that may be responsive to the Demand and shall provide assistance as is reasonably required for the State to respond to the Demand in a timely manner. This assistance may include Contractor upon request disclosing to ITS Contractor's processes for responding to subpoenas, service of process, and other legal requests and a description of Contractor Staff roles and responsibilities related to electronic discovery, litigation holds, discovery searches, and expert testimonies. ITS acknowledges that Contractor has no responsibility under this Contract to interact directly with the entity making the Demand. The Parties agree that ITS' execution of this Contract does not constitute consent to the release or production of NYS Confidential Information.

Requests to Release NYS Confidential Information to Third Parties. Except where expressly prohibited by law, Contractor shall immediately notify and provide to ITS the State a copy of any request, subpoena, warrant, judicial or court order, administrative order, or arbitral order of an executive or administrative agency or other governmental authority of competent jurisdiction (a “Demand”) that it receives and which relates to or requires production of NYS Confidential Information that Contractor is processing or storing on the State's behalf. If Contractor is required to produce NYS Confidential Information in response to a Demand, Contractor will provide ITS the State with the NYS Confidential Information in its possession that it plans to produce in response to the Demand prior to production of such NYS Confidential Information. Where the Contractor is not required by law to produce or release the requested information, the written approval of the State is required prior to any such disclosure being made. Notice of such the Demand shall be sent to: ITS: ITS General Counsel Empire State Plaza Swan Street Building, Core 0 Xxxxxx, Xxx Xxxx 00000 (518) 473-5115 xxx.xx.xxx@xxx.xx.xxx OTDA: OTDA General Counsel 00 Xxxxx Xxxxx Xxxxxx 00X Xxxxxx, Xxx Xxxx 00000 (518) 474-9502 Xxxx.xx.xxxxxxxxxxxxx@xxxx.xx.xxx Except as otherwise required by law, Contractor shall provide ITS the State reasonable time to assert its rights with respect to the withholding of such NYS Confidential Information from production. If the State is required to produce NYS Confidential Information in response to a Demand, Contractor will, at the State’s request and unless expressly prohibited by law, produce to the State any NYS Confidential Information in its possession that may be responsive to the Demand and shall provide assistance as is reasonably required for the State to respond to the Demand in a timely manner. This assistance may include Contractor upon request disclosing to ITS the State Contractor's processes for responding to subpoenas, service of process, and other legal requests and a description of Contractor Staff roles and responsibilities related to electronic discovery, litigation holds, discovery searches, and expert testimonies. ITS acknowledges that Contractor has no responsibility under this the Contract to interact directly with the entity making the Demand. The Parties agree that ITS' the State’s execution of this the Contract does not constitute consent to the release or production of NYS Confidential Information.

Requests to Release NYS Confidential Information to Third Parties. Except where expressly prohibited by law, Contractor shall immediately notify and provide to ITS the State a copy of any request, subpoena, warrant, judicial or court order, administrative order, or arbitral order of an executive or administrative agency or other governmental authority of competent jurisdiction (a “Demand”) that it receives and which relates to or requires production of NYS Confidential Information that Contractor is processing or storing on the State's behalf. If Contractor is required to produce NYS Confidential Information in response to a Demand, Contractor will provide ITS the State with the NYS Confidential Information in its possession that it plans to produce in response to the Demand prior to production of such NYS Confidential Information. Where the Contractor is not required by law to produce or release the requested information, the written approval of the State is required prior to any such disclosure being made. Notice of such the Demand shall be sent to: ITS: ITS General Counsel Empire State Plaza Swan Street Building, Core 0 Xxxxxx, Xxx Xxxx 00000 (518) 473-5115 xxx.xx.xxx@xxx.xx.xxx Except as otherwise required by law, Contractor shall provide ITS the State reasonable time to assert its rights with respect to the withholding of such NYS Confidential Information from production. If the State is required to produce NYS Confidential Information in response to a Demand, Contractor will, at the State’s request and unless expressly prohibited by law, produce to the State any NYS Confidential Information in its possession that may be responsive to the Demand and shall provide assistance as is reasonably required for the State to respond to the Demand in a timely manner. This assistance may include Contractor upon request disclosing to ITS the State Contractor's processes for responding to subpoenas, service of process, and other legal requests and a description of Contractor Staff roles and responsibilities related to electronic discovery, litigation holds, discovery searches, and expert testimonies. ITS acknowledges that Contractor has no responsibility under this the Contract to interact directly with the entity making the Demand. The Parties agree that ITS' the State’s execution of this the Contract does not constitute consent to the release or production of NYS Confidential Information.

Requests to Release NYS Confidential Information to Third Parties. Except where expressly prohibited by law, Contractor shall immediately notify and provide to ITS the State a copy of any request, subpoena, warrant, judicial or court order, administrative order, or arbitral order of an executive or administrative agency or other governmental authority of competent jurisdiction (a “Demand”) that it receives and which relates to or requires production of NYS Confidential Information that Contractor is processing or storing on the State's behalf. If Contractor is required to produce NYS Confidential Information in response to a Demand, Contractor will provide ITS the State with the NYS Confidential Information in its possession that it plans to produce in response to the Demand prior to production of such NYS Confidential Information. Where the Contractor is not required by law to produce or release the requested information, the written approval of the State is required prior to any such disclosure being made. Notice of such the Demand shall be sent to: ITS General Counsel Empire State Plaza Swan Street Building, Core 0 Xxxxxx, Xxx Xxxx 00000 (000) 000-0000 xxx.xx.xxx@xxx.xx.xxx Except as otherwise required by law, Contractor shall provide ITS the State reasonable time to assert its rights with respect to the withholding of such NYS Confidential Information from production. If the State is required to produce NYS Confidential Information in response to a Demand, Contractor will, at the State’s request and unless expressly prohibited by law, produce to the State any NYS Confidential Information in its possession that may be responsive to the Demand and shall provide assistance as is reasonably required for the State to respond to the Demand in a timely manner. This assistance may include Contractor Contractor, upon request request, disclosing to ITS the State Contractor's processes for responding to subpoenas, service of process, and other legal requests and a description of Contractor Staff roles and responsibilities related to electronic discovery, litigation holds, discovery searches, and expert testimonies. ITS acknowledges that Contractor has no responsibility under this the Contract to interact directly with the entity making the Demand. The Parties agree that ITS' the State’s execution of this the Contract does not constitute consent to the release or production of NYS Confidential Information. ============================================================================== Appendix _ - SAMPLE:‌ MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES – EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT M/WBE AND EEO POLICY STATEMENT I, _, the Contract awardee/Contractor, agree to adopt the following policies with respect to the project being developed or services rendered under ITS Contract No. _ , to be provided geographically at _ _ _ _. M/WBE This organization will and will cause its contractors and subcontractors to take good faith actions to achieve the M/WBE contract participations goals set by the State for that area in which the State-funded project is located, by taking the following steps: If this Contract shows greater than 0% MWBE goals, actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, including solicitations to M/WBE contractor associations.‌ If this Contract shows greater than 0% MWBE goals, request a list of State-certified M/WBEs from the contracting agency and solicit bids from them directly.‌ Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs. status, will undertake or continue existing programs of affirmative action to ensure EEO that minority group members are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on state contracts.