Common use of Use of Proprietary Information and Confidentiality Clause in Contracts

Use of Proprietary Information and Confidentiality. Each of the parties has been and may hereafter be furnished with certain materials and information relating to the MPF Program (including, without limitation, information about Pittsburgh Bank members and housing associates that apply or are approved as PFIs) that are confidential and proprietary information of the other party (collectively, the “Confidential Information”). Each of the parties agrees (i) to keep the Confidential Information confidential using reasonable means, not less than those used to protect its own proprietary material, (ii) to not disclose the Confidential Information, without the prior written approval of the other party, to anyone other than to its officers or employees who have a need to know its contents to perform their duties in connection with the MPF Program, to any member of its Board of Directors, to its regulators, to any Participant or approved investor in Program Loans acquired from the Pittsburgh Bank or its PFIs, or to those third party agents who agree to be bound by the terms of this Section 6.11, as evidenced by a written statement or agreement in form and substance reasonably satisfactory to the other party, and (iii) upon completion of its use of the Confidential Information or at any time upon the other party’s request, to promptly return the Confidential Information, including all copies made thereof in any format and all notes pertaining to the same. For purposes of this Section 6.11, when transmitting or providing access to “nonpublic personal information” (as that term is defined in Title V of the Gxxxx-Xxxxx-Xxxxxx Act (15 U.S.C. § 6809)), each of the parties shall use a secure method that is generally accepted as preventing unauthorized access such as encrypted transmission or providing secure, password protected web-access. Each of the parties further agrees that if it is served with process or any other governmental or regulatory request for the Confidential Information (excluding an examination request by the FHFB), it will immediately notify the General Counsel of the other party, prior to complying with such process, order or request, unless prohibited by applicable law, regulation or court order.

Use of Proprietary Information and Confidentiality. Each of the parties Party has been and may hereafter be furnished with certain materials and information relating to the MPF Program (including, without limitation, information about Pittsburgh Bank members and housing associates that apply or are approved as PFIs) that are confidential and proprietary information of the other party (collectively, the “Confidential Information”). Each of the parties Party agrees (i) to keep the Confidential Information confidential using reasonable means, not less than those used to protect its own proprietary materialConfidential Information, (ii) to not disclose the Confidential Information, without the prior written approval of the other partyParty to whom the Confidential Information relates (“Related Party”), to anyone other than to its officers or employees who have a need to know its contents to perform their duties in connection with the MPF Program, to any member of its Board of Directors, to its regulators, to any Participant or approved investor in Program Loans acquired from the Pittsburgh MPF Bank or its PFIs, or to those third party agents who agree to be bound by the terms of this Section 6.1111.6, as evidenced by a written statement or agreement in form and substance reasonably satisfactory to the other partyRelated Party, and (iii) upon completion of its use of the Confidential Information or at any time upon the other partyRelated Party’s request, to promptly return or destroy the Confidential Information, including all copies made thereof in any format and all notes pertaining to the same; provided, however, that each Party shall be permitted to retain a copy of any Confidential Information in accordance with its record retention policies and procedures or as required by law, regulation or court order. The Party shall certify to the Related Party that all Confidential Information was properly returned or destroyed in accordance with this Section 11.6. For purposes of this Section 6.1111.6, when transmitting or providing access to “nonpublic personal information” (as that term is defined in Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act (15 U.S.C. § 6809)), each of the parties Party shall use a secure method that is generally accepted as preventing unauthorized access such as encrypted transmission or providing secure, password protected web-access. Each of the parties Party further agrees that if it is served with process or any other governmental or regulatory request for the Confidential Information (excluding an examination request by the FHFBFHFA), it will immediately notify the General Counsel of the other partyRelated Party that disclosed such Confidential Information, prior to complying with such process, order or request, unless prohibited by applicable law, regulation or court order. Each MPF Bank agrees to provide the MPF Provider and any Related Party prompt notice of any breach or compromise of the security or confidentiality of any Confidential Information or nonpublic personal information. The MPF Provider shall notify any Related Party of any theft of hardware containing any Confidential Information or nonpublic personal information even if such information is encrypted. Upon such notice, the Related Party shall not disclose any information about the breach or attempted breach without the consent of the MPF Provider unless required by applicable law.

Use of Proprietary Information and Confidentiality. Each of the parties has been and may hereafter be furnished with certain materials and information relating to the MPF Program (including, without limitation, information about Pittsburgh Boston Bank members and housing associates that apply or are approved as PFIs) that are confidential and proprietary information of the other party (collectively, the “Confidential Information”). Each of the parties agrees (i) to keep the Confidential Information confidential using reasonable means, not less than those used to protect its own proprietary material, (ii) to not disclose the Confidential Information, without the prior written approval of the other party, to anyone other than to its officers or employees who have a need to know its contents to perform their duties in connection with the MPF Program, to any member of its Board of Directors, to its regulators, to any Participant or approved investor in Program Loans acquired from the Pittsburgh Boston Bank or its PFIs, or to those third party agents who agree to be bound by the terms of this Section 6.11, as evidenced by a written statement or agreement in form and substance reasonably satisfactory to the other party, and (iii) upon completion of its use of the Confidential Information or at any time upon the other party’s request, to promptly return the Confidential Information, including all copies made thereof in any format and all notes pertaining to the same. For purposes of this Section 6.11, when transmitting or providing access to “nonpublic personal information” (as that term is defined in Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act (15 U.S.C. § 6809)), each of the parties shall use a secure method that is generally accepted as preventing unauthorized access such as encrypted transmission or providing secure, password protected web-access. Each of the parties further agrees that if it is served with process or any other governmental or regulatory request for the Confidential Information (excluding an examination request by the FHFB), it will immediately notify the General Counsel of the other party, prior to complying with such process, order or request, unless prohibited by applicable law, regulation or court order.

Use of Proprietary Information and Confidentiality. Each of the parties Party has been and may hereafter be furnished with certain materials and information relating to the MPF Program (including, without limitation, information about Pittsburgh Bank members and housing associates that apply or are approved as PFIs) that are confidential and proprietary information of the other party (collectively, the “Confidential Information”). Each of the parties Party agrees (i) to keep the Confidential Information confidential using reasonable means, not less than those used to protect its own proprietary materialConfidential Information, (ii) to not disclose the Confidential Information, without the prior written approval of the other partyParty to whom the Confidential Information relates (“Related Party”), to anyone other than to its officers or employees who have a need to know its contents to perform their duties in connection with the MPF Program, to any member of its Board of Directors, to its regulators, to any Participant or approved investor in Program Loans acquired from the Pittsburgh MPF Bank or its PFIs, or to those third party agents who agree to be bound by the terms of this Section 6.1111.6, as evidenced by a written statement or agreement in form and substance reasonably satisfactory to the other partyRelated Party, and (iii) upon completion of its use of the Confidential Information or at any time upon the other partyRelated Party’s request, to promptly return or destroy the Confidential Information, including all copies made thereof in any format and all notes pertaining to the same; provided, however, that each Party shall be permitted to retain a copy of any Confidential Information in accordance with its record retention policies and procedures or as required by law, regulation or court order. The Party shall certify to the Related Party that all Confidential Information was properly returned or destroyed in accordance with this Section 11.6. For purposes of this Section 6.1111.6, when transmitting or providing access to “nonpublic personal information” (as that term is defined in Title V of the GxxxxGramx-Xxxxx-Xxxxxx Act Xxx (15 U.S.C. § 6809)), each of the parties Party shall use a secure method that is generally accepted as preventing unauthorized access such as encrypted transmission or providing secure, password protected web-access. Each of the parties Party further agrees that if it is served with process or any other governmental or regulatory request for the Confidential Information (excluding an examination request by the FHFBFHFA), it will immediately notify the General Counsel of the other partyRelated Party that disclosed such Confidential Information, prior to complying with such process, order or request, unless prohibited by applicable law, regulation or court order. Each MPF Bank agrees to provide the MPF Provider and any Related Party prompt notice of any breach or compromise of the security or confidentiality of any Confidential Information or nonpublic personal information. The MPF Provider shall notify any Related Party of any theft of hardware containing any Confidential Information or nonpublic personal information even if such information is encrypted. Upon such notice, the Related Party shall not disclose any information about the breach or attempted breach without the consent of the MPF Provider unless required by applicable law.