Laserfiche WebLink
Community Partners <br /> 22-10907 <br />Exhibit D <br />Special Terms and Conditions <br /> <br />Page 7 of 9 <br />acknowledges CDPH would suffer irreparable harm in the event of such breach and agrees <br />CDPH shall be entitled to obtain equitable relief, including without limitation an injunction, <br />from a court of competent jurisdiction, without restriction or limitation of any other rights and <br />remedies available at law or in equity. <br />H. Federal Funding <br />In any agreement funded in whole or in part by the federal government, CDPH may acquire <br />and maintain the Intellectual Property rights, title, and ownership, which results directly or <br />indirectly from the Agreement; except as provided in 37 Code of Federal Regulations part <br />401.14; however, the federal government shall have a non-exclusive, nontransferable, <br />irrevocable, paid-up license throughout the world to use, duplicate, or dispose of such <br />Intellectual Property throughout the world in any manner for governmental purposes and to <br />have and permit others to do so. <br />I. Survival <br />The provisions set forth herein shall survive any termination or expiration of this Agreement or <br />any project schedule. <br />3. Confidentiality of Information <br />A. The Contractor and its employees, agents, or subcontractors shall protect from unauthorized <br />disclosure names and other identifying information concerning persons either receiving <br />services pursuant to this Agreement or persons whose names or identifying information <br />become available or are disclosed to the Contractor, its employees, agents, or subcontractors <br />as a result of services performed under this Agreement, except for statistical information not <br />identifying any such person. <br />B. The Contractor and its employees, agents, or subcontractors shall not use such identifying <br />information for any purpose other than carrying out the Contractor's obligations under this <br />Agreement. <br /> <br />C. The Contractor and its employees, agents, or subcontractors shall promptly transmit to the <br />CDPH Program Contract Manager all requests for disclosure of such identifying information <br />not emanating from the client or person. <br />D. The Contractor shall not disclose, except as otherwise specifically permitted by this Agreement <br />or authorized by the client, any such identifying information to anyone other than CDPH <br />without prior written authorization from the CDPH Program Contract Manager, except if <br />disclosure is required by State or Federal law. <br />E. For purposes of this provision, identity shall include, but not be limited to name, identifying <br />number, symbol, or other identifying particular assigned to the individual, such as finger or <br />voice print or a photograph. <br />F. As deemed applicable by CDPH, this provision may be supplemented by additional terms and <br />conditions covering personal health information (PHI) or personal, sensitive, and/or confidential <br />REV: 08-02-2023 RL <br />ATTY/AGR.2023.197/Community Partners (Redwood City-North Fair Oaks ACH) (Page 30 of 34) <br />DocuSign Envelope ID: EAA949E2-B24E-4424-8337-F0C148CD40C8