Agmt21 Camino Technology Solutions, Inc.

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restrictions prior to its receipt from the disclosing Party; (v) was independently developed by the receiving Party without reference to such Confidential Information; (vi) was generally made available to third parties by the disclosing Party without such restriction; or (vii) is required to be disclosed by the receiving Party pursuant to judicial order or other compulsion of law, provided that the receiving Party will provide to the disclosing Party prompt notice of such order and comply with any protective order imposed thereon. 11.4 Upon written request of the disclosing Party, all copies of the disclosing Party's Confidential Information will be returned to the disclosing Party or promptly destroyed. 11.5 Consultant acknowledges that City is a public agency that is subject to the Brown Act (Gov. Code Section 5490 et seq.), and the California Public Records Act (Gov. Code Section 6250 et seq.), and that this Agreement or portions thereof and other information provided by Consultant may be subject to public disclosure without notice to Consultant. 11.6 The Parties expressly agree that this Section 11 shall survive the expiration or termination of this Agreement. 11.7 Consultant will ensure that each Subcontractor agrees to be bound by the provisions of this Section 11 as they apply to any Confidential Information of the City. 12. DATA PROTECTION. 12.1 Data Security. Consultant will use, at a minimum, NIST -approved technical and organizational security measures to store data provided by City, or obtained by Consultant related to the Services and other tasks performed under this Agreement (together "City Data"). These measures are designed to protect the integrity of City Data and guard against unauthorized or unlawful access. 12.2 Electronic Commerce. Consultant shall protect data in accordance with the Payment Card Industry Data Security Standard on behalf of the City, relating to City activities when cardholder information is entered, accessed, transferred, stored or processed by Consultant or through their system. 12.3 Confidential Information. Consultant shall treat all information and data, including but not limited to remote access, such as instructions, user IDs and Passwords, as Confidential Information. In no case shall Consultant allow a third party access to City or customer information or City Data, including but not limited to proprietary Confidential Information, without the express written consent of the City. 12.4 Data Ownership. The City will own all right, title and interest in its REV: 03-24-21 PR Pilot Project Software Agreement for the Automated Permit and Land Management System Camino Technologies Corporation ATTY/AGR.2021.062/Camino Technolgy Solutions, Inc. (Software for Automated Permit and Land Management) (Page 7 of 18)