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C. Notice may be provided in writing, electronically or by substitute notice in <br />accordance with State law, regulation or policy. <br />33. Software Maintenance <br />Contractor shall apply security patches and upgrades and keep virus software up-to-date <br />on all systems on which State and County data may be used. <br />34. Electronic Backups <br />Contractor shall ensure that all electronic information is protected by performing regular <br />backup of automated files and databases, and ensure the availability of information <br />assets for continued business. Contractor shall ensure that any portable electronic media <br />used for backups is encrypted. <br />35. Right in Data <br />A. Rights in Data <br />Contractor shall not publish or transfer any materials, as defined in the <br />subsection 2 below, produced or resulting from activities supported by this <br />Agreement without the express written consent of BHRS. That consent <br />shall be given or the reasons for denial shall be given and any conditions <br />under which it is given or denied within 30 days after the written request <br />is received by BHRS. BHRS may request a copy of the material for review <br />prior to approval of the request. This subsection is not intended to prohibit <br />contractors from sharing identifying client information authorized by the <br />participant or summary program information which is not client -specific. <br />2. As used in this Agreement, the term "subject data" means writing, sounds <br />recordings, pictorial reproductions, drawings, designs or graphic <br />representations, procedural manuals, forms, diagrams, workflow charts, <br />equipment descriptions, data files and data processing or computer <br />programs, and works of any similar nature (whether or not copyrighted or <br />copyrightable) which are first produced or developed under this <br />Agreement. The term does not include financial reports, cost analyses, <br />and similar information incidental to contract administration. Contractor <br />may be authorized, in writing, by a participant to disclose identifying <br />information specific to the authorizing participant. <br />3. Subject only to the provisions of this section, the State may use, duplicate, <br />or disclose in any manner, and have or permit others to do so subject to <br />State and federal law all subject data delivered under this Agreement. <br />25 <br />REV01-17-18 RL <br />