Common use of Data Confidentiality Clause in Contracts

Data Confidentiality. As used in the Contract, “data” means all information, whether written or verbal, including plans, photographs, studies, investigations, audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field notes, work product, proposals, correspondence and any other similar documents or information prepared by, obtained by, or transmitted to the CMARE or its subcontractors in the performance of this Contract. 6.4.1.1 The Parties agree that all data, regardless of form, including originals, images, and reproductions, prepared by, obtained by, or transmitted to the CMARE or its subcontractors in connection with the CMARE’s or its subcontractor’s performance of this Contract is confidential and proprietary information belonging to the County. 6.4.1.2 Except as specifically provided in this Contract, the CMARE or its subcontractors shall not divulge data to any third party without prior written consent of the County. The CMARE or its subcontractors shall not use the data for any purposes except to perform the services required under this Contract. These prohibitions shall not apply to the following data provided the CMARE or its subcontractors have first given the required notice to the County: 6.4.1.2.1 Data which was known to the CMARE or its subcontractors prior to its performance under this Contract unless such data was acquired in connection with work performed for the County; 6.4.1.2.2 Data which was acquired by the CMARE or its subcontractors in its performance under this Contract and which was disclosed to the CMARE or its subcontractors by a third party, who to the best of the CMARE’s or its subcontractor’s knowledge and belief, had the legal right to make such disclosure and the CMARE or its subcontractors are not otherwise required to hold such data in confidence; or 6.4.1.2.3 Data which is required to be disclosed by virtue of law, regulation, or court order, to which the CMARE or its subcontractors are subject. 6.4.1.3 In the event the CMARE or its subcontractors are required or requested to disclose data to a third party, or any other information to which the CMARE or its subcontractors became privy as a result of any other Contract with the County, the CMARE shall first notify the County as set forth in this Section of the request or demand for the data. The CMARE or its subcontractors shall give the County sufficient facts so that the County can be given an opportunity to first give its consent or take such action that the County may deem appropriate to protect such data or other information from disclosure. 6.4.1.4 The CMARE, unless prohibited by law, within ten calendar days after completion of services for a third party on real or personal property owned or leased by the County, the CMARE or its subcontractors shall promptly deliver, as set forth in this Article, a copy of all data to the County. All data shall continue to be subject to the confidentiality Contracts of this Contract. 6.4.1.5 The CMARE or its subcontractors assume all liability for maintaining the confidentiality of the data in its possession and agrees to compensate the County if any of the provisions of this Article are violated by the CMARE, its employees, agents or subcontractors. Solely for the purposes of seeking injunctive relief, it is agreed that a breach of this Article shall be deemed to cause irreparable harm that justifies injunctive relief in court. CMARE agrees that the requirements of this Article shall be incorporated into all subcontracts entered into by CMARE. A violation of this Article may result in immediate termination of this Contract without notice.

Data Confidentiality. As used in the Contract, “data” means all information, whether written or verbal, including plans, photographs, studies, investigations, audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field notes, work product, proposals, correspondence and any other similar documents or information prepared by, obtained by, or transmitted to the CMARE ▇▇▇▇ or its subcontractors in the performance of this Contract. 6.4.1.1 The Parties parties agree that all data, regardless of form, including originals, images, and reproductions, prepared by, obtained by, or transmitted to the CMARE ▇▇▇▇ or its subcontractors in connection with the CMARE’s ▇▇▇▇’▇ or its subcontractor’s performance of this Contract is confidential and proprietary information belonging to the CountyOwner. 6.4.1.2 Except as specifically provided in this Contract, the CMARE ▇▇▇▇ or its subcontractors shall not divulge data to any third party without prior written consent of the CountyOwner. The CMARE ▇▇▇▇ or its subcontractors shall not use the data for any purposes except to perform the services required under this Contract. These prohibitions shall not apply to the following data provided the CMARE ▇▇▇▇ or its subcontractors have first given the required notice to the CountyOwner: 6.4.1.2.1 Data which was known to the CMARE ▇▇▇▇ or its subcontractors prior to its performance under this Contract unless such data was acquired in connection with work performed for the CountyOwner; 6.4.1.2.2 Data which was acquired by the CMARE ▇▇▇▇ or its subcontractors in its performance under this Contract and which was disclosed to the CMARE ▇▇▇▇ or its subcontractors by a third party, who to the best of the CMARE’s ▇▇▇▇’▇ or its subcontractor’s knowledge and belief, had the legal right to make such disclosure and the CMARE ▇▇▇▇ or its subcontractors are not otherwise required to hold such data in confidence; or 6.4.1.2.3 Data which is required to be disclosed by virtue of law, regulation, or court order, to which the CMARE ▇▇▇▇ or its subcontractors subcontractor’s are subject. 6.4.1.3 In the event the CMARE ▇▇▇▇ or its subcontractors are required or requested to disclose data to a third party, or any other information to which the CMARE ▇▇▇▇ or its subcontractors became privy as a result of any other Contract with the CountyOwner, the CMARE ▇▇▇▇ shall first notify the County Owner as set forth in this Section of the request or demand for the data. The CMARE ▇▇▇▇ or its subcontractors shall give the County Owner sufficient facts so that the County Owner can be given an opportunity to first give its consent or take such action that the County Owner may deem appropriate to protect such data or other information from disclosure. 6.4.1.4 The CMARE▇▇▇▇, unless prohibited by law, within ten calendar days after completion of services for a third party on real or personal property owned or leased by the CountyOwner, the CMARE ▇▇▇▇ or its subcontractors shall promptly deliver, as set forth in this ArticleSection, a copy of all data to the CountyOwner. All data shall continue to be subject to the confidentiality Contracts of this Contract. 6.4.1.5 The CMARE ▇▇▇▇ or its subcontractors assume all liability for maintaining the confidentiality of the data in its possession and agrees to compensate the County Owner if any of the provisions of this Article Section are violated by the CMARE▇▇▇▇, its employees, agents or subcontractors. Solely for the purposes of seeking injunctive relief, it is agreed that a breach of this Article Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. CMARE ▇▇▇▇ agrees that the requirements of this Article Section shall be incorporated into all subcontracts entered into by CMARE▇▇▇▇. A violation of this Article Section may result in immediate termination of this Contract without notice.

Data Confidentiality. As used in the Contract, “data” means all information, whether written or verbal, including plans, photographs, studies, investigations, audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field notes, work product, proposals, correspondence and any other similar documents or information prepared by, obtained by, or transmitted to the CMARE CM or its subcontractors in the performance of this Contract. 6.4.1.1 The Parties agree that all data, regardless of form, including originals, images, and reproductions, prepared by, obtained by, or transmitted to the CMARE CM or its subcontractors in connection with the CMARECM’s or its subcontractor’s performance of this Contract is confidential and proprietary information belonging to the County. 6.4.1.2 Except as specifically provided in this Contract, the CMARE CM or its subcontractors shall not divulge data to any third party without prior written consent of the County. The CMARE CM or its subcontractors shall not use the data for any purposes except to perform the services required under this Contract. These prohibitions shall not apply to the following data provided the CMARE CM or its subcontractors have first given the required notice to the County: 6.4.1.2.1 Data which was known to the CMARE CM or its subcontractors prior to its performance under this Contract unless such data was acquired in connection with work performed for the County; 6.4.1.2.2 Data which was acquired by the CMARE CM or its subcontractors in its performance under this Contract and which was disclosed to the CMARE CM or its subcontractors by a third party, who to the best of the CMARECM’s or its subcontractor’s knowledge and belief, had the legal right to make such disclosure and the CMARE CM or its subcontractors are not otherwise required to hold such data in confidence; or 6.4.1.2.3 Data which is required to be disclosed by virtue of law, regulation, or court order, to which the CMARE CM or its subcontractors are subject. 6.4.1.3 In the event the CMARE CM or its subcontractors are required or requested to disclose data to a third party, or any other information to which the CMARE CM or its subcontractors became privy as a result of any other Contract with the County, the CMARE CM shall first notify the County as set forth in this Section of the request or demand for the data. The CMARE CM or its subcontractors shall give the County sufficient facts so that the County can be given an opportunity to first give its consent or take such action that the County may deem appropriate to protect such data or other information from disclosure. 6.4.1.4 The CMARECM, unless prohibited by law, within ten calendar days after completion of services for a third party on real or personal property owned or leased by the County, the CMARE CM or its subcontractors shall promptly deliver, as set forth in this ArticleSection, a copy of all data to the County. All data shall continue to be subject to the confidentiality Contracts of this Contract. 6.4.1.5 The CMARE CM or its subcontractors assume all liability for maintaining the confidentiality of the data in its possession and agrees to compensate the County if any of the provisions of this Article Section are violated by the CMARECM, its employees, agents or subcontractors. Solely for the purposes of seeking injunctive relief, it is agreed that a breach of this Article Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. CMARE CM agrees that the requirements of this Article Section shall be incorporated into all subcontracts entered into by CMARECM. A violation of this Article Section may result in immediate termination of this Contract without notice.

Data Confidentiality. As used in the Contract, “data” means all information, whether written or verbal, including plans, photographs, studies, investigations, audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field notes, work product, proposals, correspondence and any other similar documents or information prepared by, obtained by, or transmitted to the CMARE ▇▇▇▇ or its subconsultants or subcontractors in the performance of this Contract. 6.4.1.1 6.3.1.1 The Parties parties agree that all data, regardless of form, including originals, images, and reproductions, prepared by, obtained by, or transmitted to the CMARE ▇▇▇▇ or its subconsultants or subcontractors in connection with the CMARE’s ▇▇▇▇’▇ or its subconsultants or subcontractor’s performance of this Contract is confidential and proprietary information belonging to the CountyOwner. 6.4.1.2 6.3.1.2 Except as specifically provided in this Contract, the CMARE ▇▇▇▇ or its subconsultants or subcontractors shall not divulge data to any third party without prior written consent of the CountyAUTHORITY. The CMARE ▇▇▇▇ or its subcontractors shall not use the data for any purposes except to perform the services required under this Contract. These prohibitions shall not apply to the following data provided the CMARE ▇▇▇▇ or its subcontractors have first given the required notice to the CountyAUTHORITY: 6.4.1.2.1 6.3.1.2.1 Data which was known to the CMARE ▇▇▇▇ or its subconsultants or subcontractors prior to its performance under this Contract unless such data was acquired in connection with work performed for the CountyAUTHORITY; 6.4.1.2.2 6.3.1.2.2 Data which was acquired by the CMARE ▇▇▇▇ or its subconsultants or subcontractors in its performance under this Contract and which was disclosed to the CMARE ▇▇▇▇ or its subconsultants or subcontractors by a third party, who to the best of the CMARE’s ▇▇▇▇’▇ or its subconsultants or subcontractor’s knowledge and belief, had the legal right to make such disclosure and the CMARE ▇▇▇▇ or its subconsultants or subcontractors are not otherwise required to hold such data in confidence; or 6.4.1.2.3 6.3.1.2.3 Data which is required to be disclosed by virtue of law, regulation, or court order, to which the CMARE ▇▇▇▇ or its subcontractors subconsultants or subcontractor’s are subject. 6.4.1.3 6.3.1.3 In the event the CMARE ▇▇▇▇ or its subconsultants or subcontractors are required or requested to disclose data to a third party, or any other information to which the CMARE ▇▇▇▇ or its subconsultants or subcontractors became privy as a result of any other Contract with the CountyOwner, the CMARE ▇▇▇▇ shall first notify the County AUTHORITY as set forth in this Section of the request or demand for the data. The CMARE ▇▇▇▇ or its subconsultants or subcontractors shall give the County AUTHORITY sufficient facts so that the County AUTHORITY can be given an opportunity to first give its consent or take such action that the County AUTHORITY may deem appropriate to protect such data or other information from disclosure. 6.4.1.4 6.3.1.4 The CMARE▇▇▇▇, unless prohibited by law, within ten calendar days after completion of services for a third party on real or personal property owned or leased by the CountyAUTHORITY, the CMARE ▇▇▇▇ or its subconsultants or subcontractors shall promptly deliver, as set forth in this ArticleSection, a copy of all data to the CountyAUTHORITY. All data shall continue to be subject to the confidentiality Contracts of this Contract. 6.4.1.5 6.3.1.5 The CMARE ▇▇▇▇ or its subconsultants or subcontractors assume all liability for maintaining the confidentiality of the data in its possession and agrees to compensate the County AUTHORITY if any of the provisions of this Article Section are violated by the CMARE▇▇▇▇, its employees, agents or subconsultants or subcontractors. Solely for the purposes of seeking injunctive relief, it is agreed that a breach of this Article Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. CMARE ▇▇▇▇ agrees that the requirements of this Article Section shall be incorporated into all subcontracts entered into by CMARE▇▇▇▇. A violation of this Article Section may result in immediate termination of this Contract without notice.

Data Confidentiality. As used in the Contract, “data” means all information, whether written or verbal, including plans, photographs, studies, investigations, audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field notes, work product, proposals, correspondence and any other similar documents or information prepared by, obtained by, or transmitted to the CMARE or its subcontractors in the performance of this Contract. 6.4.1.1 The Parties agree that all data, regardless of form, including originals, images, and reproductions, prepared by, obtained by, or transmitted to the CMARE or its subcontractors in connection with the CMARE’s or its subcontractor’s performance of this Contract is confidential and proprietary information belonging to the County. 6.4.1.2 Except as specifically provided in this Contract, the CMARE or its subcontractors shall not divulge data to any third party without prior written consent of the County. The CMARE or its subcontractors shall not use the data for any purposes except to perform the services required under this Contract. These prohibitions shall not apply to the following data provided the CMARE or its subcontractors have first given the required notice to the County: 6.4.1.2.1 Data which was known to the CMARE or its subcontractors prior to its performance under this Contract unless such data was acquired in connection with work performed for the County; 6.4.1.2.2 Data which was acquired by the CMARE or its subcontractors in its performance under this Contract and which was disclosed to the CMARE or its subcontractors by a third party, who to the best of the CMARE’s or its subcontractor’s knowledge and belief, had the legal right to make such disclosure and the CMARE or its subcontractors are not otherwise required to hold such data in confidence; or 6.4.1.2.3 Data which is required to be disclosed by virtue of law, regulation, or court order, to which the CMARE or its subcontractors are subject. 6.4.1.3 In the event the CMARE or its subcontractors are required or requested to disclose data to a third party, or any other information to which the CMARE or its subcontractors became privy as a result of any other Contract with the County, the CMARE shall first notify the County as set forth in this Section Article of the request or demand for the data. The CMARE or its subcontractors shall give the County sufficient facts so that the County can be given an opportunity to first give its consent or take such action that the County may deem appropriate to protect such data or other information from disclosure. 6.4.1.4 The CMARE, unless prohibited by law, within ten calendar days after completion of services for a third party on real or personal property owned or leased by the County, the CMARE or its subcontractors shall promptly deliver, as set forth in this Article, a copy of all data to the County. All data shall continue to be subject to the confidentiality Contracts of this Contract. 6.4.1.5 The CMARE or its subcontractors assume all liability for maintaining the confidentiality of the data in its possession and agrees to compensate the County if any of the provisions of this Article are violated by the CMARE, its employees, agents or subcontractors. Solely for the purposes of seeking injunctive relief, it is agreed that a breach of this Article shall be deemed to cause irreparable harm that justifies injunctive relief in court. CMARE agrees that the requirements of this Article shall be incorporated into all subcontracts entered into by CMARE. A violation of this Article may result in immediate termination of this Contract without notice.

Data Confidentiality. As used in the Contract, “data” means all information, whether written or verbal, including plans, photographs, studies, investigations, audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field notes, work product, proposals, correspondence and any other similar documents or information prepared by, obtained by, or transmitted to the CMARE ▇▇▇▇ or its subcontractors in the performance of this Contract. 6.4.1.1 The Parties parties agree that all data, regardless of form, including originals, images, and reproductions, prepared by, obtained by, or transmitted to the CMARE ▇▇▇▇ or its subcontractors in connection with the CMARE’s ▇▇▇▇’▇ or its subcontractor’s performance of this Contract is confidential and proprietary information belonging to the County.Owner. DocuSign Envelope ID: 31AC7B5A-B8C9-4688-A97F-D0940E9127AE 6.4.1.2 Except as specifically provided in this Contract, the CMARE ▇▇▇▇ or its subcontractors shall not divulge data to any third party without prior written consent of the CountyOwner. The CMARE ▇▇▇▇ or its subcontractors shall not use the data for any purposes except to perform the services required under this Contract. These prohibitions shall not apply to the following data provided the CMARE ▇▇▇▇ or its subcontractors have first given the required notice to the CountyOwner: 6.4.1.2.1 Data which was known to the CMARE ▇▇▇▇ or its subcontractors prior to its performance under this Contract unless such data was acquired in connection with work performed for the CountyOwner; 6.4.1.2.2 Data which was acquired by the CMARE ▇▇▇▇ or its subcontractors in its performance under this Contract and which was disclosed to the CMARE ▇▇▇▇ or its subcontractors by a third party, who to the best of the CMARE’s ▇▇▇▇’▇ or its subcontractor’s knowledge and belief, had the legal right to make such disclosure and the CMARE ▇▇▇▇ or its subcontractors are not otherwise required to hold such data in confidence; or 6.4.1.2.3 Data which is required to be disclosed by virtue of law, regulation, or court order, to which the CMARE ▇▇▇▇ or its subcontractors subcontractor’s are subject. 6.4.1.3 In the event the CMARE ▇▇▇▇ or its subcontractors are required or requested to disclose data to a third party, or any other information to which the CMARE ▇▇▇▇ or its subcontractors became privy as a result of any other Contract with the CountyOwner, the CMARE ▇▇▇▇ shall first notify the County Owner as set forth in this Section of the request or demand for the data. The CMARE ▇▇▇▇ or its subcontractors shall give the County Owner sufficient facts so that the County Owner can be given an opportunity to first give its consent or take such action that the County Owner may deem appropriate to protect such data or other information from disclosure. 6.4.1.4 The CMARE▇▇▇▇, unless prohibited by law, within ten calendar days after completion of services for a third party on real or personal property owned or leased by the CountyOwner, the CMARE ▇▇▇▇ or its subcontractors shall promptly deliver, as set forth in this ArticleSection, a copy of all data to the CountyOwner. All data shall continue to be subject to the confidentiality Contracts of this Contract. 6.4.1.5 The CMARE ▇▇▇▇ or its subcontractors assume all liability for maintaining the confidentiality of the data in its possession and agrees to compensate the County Owner if any of the provisions of this Article Section are violated by the CMARE▇▇▇▇, its employees, agents or subcontractors. Solely for the purposes of seeking injunctive relief, it is agreed that a breach of this Article Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. CMARE ▇▇▇▇ agrees that the requirements of this Article Section shall be incorporated into all subcontracts entered into by CMARE▇▇▇▇. A violation of this Article Section may result in immediate termination of this Contract without notice.. DocuSign Envelope ID: 31AC7B5A-B8C9-4688-A97F-D0940E9127AE

Data Confidentiality. As used in the Contract, “data” means all information, whether written or verbal, including plans, photographs, studies, investigations, audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field notes, work product, proposals, correspondence and any other similar documents or information prepared by, obtained by, or transmitted to the CMARE ▇▇▇▇ or its subcontractors in the performance of this Contract. 6.4.1.1 The Parties parties agree that all data, regardless of form, including originals, images, and reproductions, prepared by, obtained by, or transmitted to the CMARE ▇▇▇▇ or its subcontractors in connection with the CMARE’s ▇▇▇▇’▇ or its subcontractor’s performance of this Contract is confidential and proprietary information belonging to the CountyOwner. 6.4.1.2 Except as specifically provided in this Contract, the CMARE ▇▇▇▇ or its subcontractors shall not divulge data to any third party without prior written consent of the CountyOwner. The CMARE ▇▇▇▇ or its subcontractors shall not use the data for any purposes except to perform the services required under this Contract. These prohibitions shall not apply to the following data provided the CMARE ▇▇▇▇ or its subcontractors have first given the required notice to the CountyOwner: 6.4.1.2.1 Data which was known to the CMARE ▇▇▇▇ or its subcontractors prior to its performance under this Contract unless such data was acquired in connection with work performed for the CountyOwner; 6.4.1.2.2 Data which was acquired by the CMARE ▇▇▇▇ or its subcontractors in its performance under this Contract and which was disclosed to the CMARE ▇▇▇▇ or its subcontractors by a third party, who to the best of the CMARE’s ▇▇▇▇’▇ or its subcontractor’s knowledge and belief, had the legal right to make such disclosure and the CMARE ▇▇▇▇ or its subcontractors are not otherwise required to hold such data in confidence; or 6.4.1.2.3 Data which is required to be disclosed by virtue of law, regulation, or court order, to which the CMARE ▇▇▇▇ or its subcontractors are subject. 6.4.1.3 In the event the CMARE ▇▇▇▇ or its subcontractors are required or requested to disclose data to a third party, or any other information to which the CMARE ▇▇▇▇ or its subcontractors became privy as a result of any other Contract with the CountyOwner, the CMARE ▇▇▇▇ shall first notify the County Owner as set forth in this Section of the request or demand for the data. The CMARE ▇▇▇▇ or its subcontractors shall give the County Owner sufficient facts so that the County Owner can be given an opportunity to first give its consent or take such action that the County Owner may deem appropriate to protect such data or other information from disclosure. 6.4.1.4 The CMARE▇▇▇▇, unless prohibited by law, within ten calendar days after completion of services for a third party on real or personal property owned or leased by the CountyOwner, the CMARE ▇▇▇▇ or its subcontractors shall promptly deliver, as set forth in this ArticleSection, a copy of all data to the CountyOwner. All data shall continue to be subject to the confidentiality Contracts of this Contract. 6.4.1.5 The CMARE ▇▇▇▇ or its subcontractors assume all liability for maintaining the confidentiality of the data in its possession and agrees to compensate the County Owner if any of the provisions of this Article Section are violated by the CMARE▇▇▇▇, its employees, agents or subcontractors. Solely for the purposes of seeking injunctive relief, it is agreed that a breach of this Article Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. CMARE ▇▇▇▇ agrees that the requirements of this Article Section shall be incorporated into all subcontracts entered into by CMARE▇▇▇▇. A violation of this Article Section may result in immediate termination of this Contract without notice.

Data Confidentiality. As used in the Contract, “data” means all information, whether written or verbal, including plans, photographs, studies, investigations, audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field notes, work product, proposals, correspondence and any other similar documents or information prepared by, obtained by, or transmitted to the CMARE or its subcontractors in the performance of this Contract. 6.4.1.1 The Parties agree that all data, regardless of form, including originals, images, and reproductions, prepared by, obtained by, or transmitted to the CMARE or its subcontractors in connection with the CMARE’s or its subcontractor’s performance of this Contract is confidential and proprietary information belonging to the County. 6.4.1.2 Except as specifically provided in this Contract, the CMARE or its subcontractors shall not divulge data to any third party without prior written consent of the County. The CMARE or its subcontractors shall not use the data for any purposes except to perform the services required under this Contract. These prohibitions shall not apply to the following data provided the CMARE or its subcontractors have first given the required notice to the County: 6.4.1.2.1 Data which was known to the CMARE or its subcontractors prior to its performance under this Contract unless such data was acquired in connection with work performed for the County; 6.4.1.2.2 Data which was acquired by the CMARE or its subcontractors in its performance under this Contract and which was disclosed to the CMARE or its subcontractors by a third party, who to the best of the CMARE’s or its subcontractor’s knowledge and belief, had the legal right to make such disclosure and the CMARE or its subcontractors are not otherwise required to hold such data in confidence; or 6.4.1.2.3 Data which is required to be disclosed by virtue of law, regulation, or court order, to which the CMARE or its subcontractors are subject. 6.4.1.3 In the event the CMARE or its subcontractors are required or requested to disclose data to a third party, or any other information to which the CMARE or its subcontractors became privy as a result of any other Contract with the County, the CMARE shall first notify the County as set forth in this Section of the request or demand for the data. The CMARE or its subcontractors shall give the County sufficient facts so that the County can be given an opportunity to first give its consent or take such action that the County may deem appropriate to protect such data or other information from disclosure. 6.4.1.4 The CMARE, unless prohibited by law, within ten calendar days after completion of services for a third party on real or personal property owned or leased by the County, the CMARE or its subcontractors shall promptly deliver, as set forth in this ArticleArticlea, a copy of all data to the County. All data shall continue to be subject to the confidentiality Contracts of this Contract. 6.4.1.5 The CMARE or its subcontractors assume all liability for maintaining the confidentiality of the data in its possession and agrees to compensate the County if any of the provisions of this Article are violated by the CMARE, its employees, agents or subcontractors. Solely for the purposes of seeking injunctive relief, it is agreed that a breach of this Article shall be deemed to cause irreparable harm that justifies injunctive relief in court. CMARE agrees that the requirements of this Article shall be incorporated into all subcontracts entered into by CMARE. A violation of this Article may result in immediate termination of this Contract without notice.

Data Confidentiality. As used in the Contract, “data” means all information, whether written or verbal, including plans, photographs, studies, investigations, audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field notes, work product, proposals, correspondence and any other similar documents or information prepared by, obtained by, or transmitted to the CMARE ▇▇▇▇ or its subcontractors in the performance of this Contract. 6.4.1.1 The Parties parties agree that all data, regardless of form, including originals, images, and reproductions, prepared by, obtained by, or transmitted to the CMARE ▇▇▇▇ or its subcontractors in connection with the CMARE’s ▇▇▇▇’▇ or its subcontractor’s performance of this Contract is confidential and proprietary information belonging to the County. 6.4.1.2 Except as specifically provided in this Contract, the CMARE ▇▇▇▇ or its subcontractors shall not divulge data to any third party without prior written consent of the County. The CMARE ▇▇▇▇ or its subcontractors shall not use the data for any purposes except to perform the services required under this Contract. These prohibitions shall not apply to the following data provided the CMARE ▇▇▇▇ or its subcontractors have first given the required notice to the County: 6.4.1.2.1 Data which was known to the CMARE ▇▇▇▇ or its subcontractors prior to its performance under this Contract unless such data was acquired in connection with work performed for the County; 6.4.1.2.2 Data which was acquired by the CMARE ▇▇▇▇ or its subcontractors in its performance under this Contract and which was disclosed to the CMARE ▇▇▇▇ or its subcontractors by a third party, who to the best of the CMARE’s ▇▇▇▇’▇ or its subcontractor’s knowledge and belief, had the legal right to make such disclosure and the CMARE ▇▇▇▇ or its subcontractors are not otherwise required to hold such data in confidence; or 6.4.1.2.3 Data which is required to be disclosed by virtue of law, regulation, or court order, to which the CMARE ▇▇▇▇ or its subcontractors subcontractor’s are subject. 6.4.1.3 In the event the CMARE ▇▇▇▇ or its subcontractors are required or requested to disclose data to a third party, or any other information to which the CMARE ▇▇▇▇ or its subcontractors became privy as a result of any other Contract with the County, the CMARE ▇▇▇▇ shall first notify the County as set forth in this Section of the request or demand for the data. The CMARE ▇▇▇▇ or its subcontractors shall give the County sufficient facts so that the County can be given an opportunity to first give its consent or take such action that the County may deem appropriate to protect such data or other information from disclosure. 6.4.1.4 The CMARE▇▇▇▇, unless prohibited by law, within ten calendar days after completion of services for a third party on real or personal property owned or leased by the County, the CMARE ▇▇▇▇ or its subcontractors shall promptly deliver, as set forth in this ArticleSection, a copy of all data to the County. All data shall continue to be subject to the confidentiality Contracts of this Contract. 6.4.1.5 The CMARE ▇▇▇▇ or its subcontractors assume all liability for maintaining the confidentiality of the data in its possession and agrees to compensate the County if any of the provisions of this Article Section are violated by the CMARE▇▇▇▇, its employees, agents or subcontractors. Solely for the purposes of seeking injunctive relief, it is agreed that a breach of this Article Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. CMARE ▇▇▇▇ agrees that the requirements of this Article Section shall be incorporated into all subcontracts entered into by CMARE▇▇▇▇. A violation of this Article Section may result in immediate termination of this Contract without notice.