Common use of Use of Information and Data Clause in Contracts

Use of Information and Data. Provider agrees that the proprietary methods and operations of Blue Shield and Health Plan, including, without limitation, the Administrative Requirements, contract terms, payment rates, levels of costs, utilization and revenues, software, data, functions, and the procedures, forms, and techniques for servicing accounts and Members, are highly confidential trade secrets of Blue Shield or Health Plan, as the case may be, and are entitled to protection as such. Provider agrees not to reveal such methods of operation to any other person or entity during the Term of, and after the termination of, this Agreement without the prior written consent of Blue Shield. For the purposes of the preceding sentence, proprietary methods of operation shall not include (i) those which are contained in printed publications available to the general public or (ii) those which are, or become, publicly known through no wrongful act or omission of Provider. Notwithstanding the foregoing, information and methods of operation of Blue Shield or Health Plan may be disclosed if required by Laws, by an Official Body, in connection with Provider's performance of its responsibilities under this Agreement, and/or where the well-being of the Member requires such disclosure; provided that Provider gives Blue Shield prompt written notice thereof of any such required disclosure. 4.5.1. Provider further agrees, except as required by Laws or to the extent information is otherwise publicly available, not to utilize or disclose any information gathered or provided regarding the cost and utilization of health care services by Members (whether Member specific, account specific or aggregate) without the prior written consent of Blue Shield. Further, Provider will not disclose or permit the disclosure of any Member or group information derived from, through or provided by Blue Shield or Health Plan. 4.5.2. Upon termination of this Agreement, Provider hereby agrees to immediately return all material related to Administrative Requirements including forms, policies, procedures, manuals and materials of every kind, if any, provided by Blue Shield or a Health Plan. Blue Shield may disclose the terms of this Agreement or provide a third party with a copy of this Agreement and information regarding terms of payment where a disclosure of terms is required for an audit.

Use of Information and Data. Provider agrees that the proprietary methods and operations of Blue Shield and Health Plan, including, without limitation, the Administrative Requirements, contract terms, payment rates, levels of costs, utilization and revenues, software, data, functions, and the procedures, forms, and techniques for servicing accounts and Members, are highly confidential trade secrets of Blue Shield or Health Plan, as the case may be, and are entitled to protection as such. Provider agrees not to reveal such methods of operation to any other person or entity during the Term of, and after the termination of, this Agreement without the prior written consent of Blue Shield. For the purposes of the preceding sentence, proprietary methods of operation shall not include (i) those which are contained in printed publications available to the general public or (ii) those which are, or become, publicly known through no wrongful act or omission of Provider. Notwithstanding the foregoing, information and methods of operation of Blue Shield or Health Plan may be disclosed if required by Laws, by an Official Body, in connection with Provider's performance of its responsibilities under this Agreement, and/or where the well-being of the Member requires such disclosure; provided that Provider gives Blue Shield prompt written notice thereof of any such required disclosure. 4.5.1. Provider further agrees, except as required by Laws or to the extent information is otherwise publicly available, not to utilize or disclose any information gathered or provided regarding the cost and utilization of health care services by Members (whether Member specific, account specific or aggregate) without the prior written consent of Blue Shield. Further, Provider will not disclose or permit the disclosure of any Member or group information derived from, through or provided by Blue Shield or Health Plan. 4.5.2. Upon termination of this Agreement, Provider hereby agrees to immediately return all material related to Administrative Requirements including forms, policies, procedures, manuals and materials of every kind, if any, provided by Blue Shield or a Health Plan. Blue Shield may disclose the terms of this Agreement or provide a third party with a copy of this Agreement and information regarding terms of payment where a disclosure of terms is required for an audit.