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REV: 06-11-25 LF <br />(iv) “Security Incident” means the potentially unauthorized access <br />by a non-authorized person to City Data that Consultant believes <br />could reasonably result in the use, disclosure or theft of City Data <br />within the possession or control of Consultant. A Security Incident <br />may or may not turn into a Data Breach. <br />32.4.2 In addition to the requirements of Section 32.2 and 32.3, all City Data <br />will be encrypted while in transit and while at rest or in storage on <br />Consultant’s servers. All connections between City and Consultant used for <br />transferring data will be secured using a virtual private network or similar <br />protocol. City Data that is stored by Consultant will only be stored on <br />servers, which are located in the United States of America. <br />32.4.3 Consultant shall inform the City of any Security Incident or Data <br />Breach in accordance with the following protocols: <br />(i) Consultant shall report a Security Incident to the appropriate <br />City Identified Contact as soon as reasonably possible. <br />(ii) If Consultant has actual knowledge of a confirmed Data <br />Breach that affects the security of any City Data, Consultant shall <br />strive to (1) promptly notify the appropriate City Identified Contact <br />within 24 hours or sooner, unless shorter time is required by <br />applicable law, and (2) take commercially reasonable measures to <br />address the Data Breach in a timely manner. <br />(iii) Consultant shall (1) cooperate with the City as reasonably <br />requested by the City to investigate and resolve the Data Breach, (2) <br />promptly implement necessary remedial measures, if necessary, and <br />(3) document responsive actions taken related to the Data Breach, <br />including any post-incident review of events and actions taken to <br />make changes in business practices in providing the Services, if <br />necessary. <br />(iv) Consultant will cooperate with the City to provide the <br />information necessary for the City to make any disclosures or provide <br />any notices required by applicable law in connection with a Data <br />Breach. <br />33. Confidential Information. <br />33.1 “Confidential Information” means all non-public information which is shared <br />by City or Consultant in connection with the performance of this Agreement. <br />Confidential Information of the City includes City Data and all decisions or policies <br />of the City in connection with the handling, servicing, enforcement (including <br />ATTY/AGR.2025.144/AmeriNational Community Services, LLC d/b/a AmeriNat (Page 11 of 31)