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"consumer reports" as that term is defined in the FORA. Agency certifies that it will not use any of the information it receives
<br />through the Services in whole or in part as a factor in determining eligibility for credit, insurance, or employment or for any
<br />other eligibility purpose that would qualify the information in as a consumer report
<br />7.3. Protected Health Information. Unless otherwise contemplated by an applicable Business Associate Agreement executed by
<br />the Parties, Agency will not provide Provider with any Protected Health Information (as that term is defined in 45 C.F.R. Sec.
<br />160.103) or with Electronic Health Records or Patient Health Records (as those terms are defined in 42 U.S.C. Sec. 17921(5),
<br />and 42 U.S.C. Sec. 17921(11), respectively) or with information from such records without the execution of a separate
<br />agreement between the Parties.
<br />7.4. Social Security Numbers. Social Security Numbers may be available hereunderas part of Reports and/or related data provided
<br />from certain states. However, Agency shall not provide Social Security Numbers to Provider under any circumstance under
<br />this Agreement. should Agency require more information on Social Security Numbers or its obligations in relation thereto,
<br />Agency should contact Provider Agency Service at 1-866.215-2771 for assistance.
<br />7.5. Privacy Principles. Agency shall comply with the "Provider Data Privacy Principles" available at
<br />htti)://www.lexisnexis.com/privacy/data-privacy-I)rinciples.aspx, as updated from time to time. Provider shall notify Agency
<br />in writing in the event that material changes are made to the Provider Data Privacy Principles.
<br />7.6. Security. Agency agrees to protect against the misuse and/or unauthorized access of the Services provided to Agency in
<br />accordance with this Agreement and as set forth in Exhibit A, attached hereto.
<br />B. CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY OWNERSHIP.
<br />8.1. Definition. "Confidential Information" means all non-public information provided by the disclosing Party to the receiving Party
<br />hereunder, including, without limitation, the terms of this Agreement, all information related to technical, financial, strategies
<br />and related information, business information, computer programs, algorithms, know-how, processes, databases, systems, ideas,
<br />inventions (whether patentable or not), schematics, Trade Secrets (as defined by applicable law) and other information (whether
<br />written or oral). Confidential Information does not include Reports and information related thereto. Confidential Information
<br />does not include information that was, at the time of the disclosure: (a) or becomes (through no improper action or inaction by
<br />the recipient) generally known to the public; (b) lawfully disclosed to recipient by a third -party and received in good faith and
<br />without any duty of confidentiality by the recipient or the third -party; (c) in recipient's possession or known to it prior to receipt
<br />from discloser; or (d) independently developed by recipient; provided in each case that such forgoing information was not
<br />delivered to or obtained by recipient as a result of any breach of this Agreement.
<br />8.2. Treatment of Confidential Information. Each Party agrees to protect the Confidential Information with the same degree.of care
<br />it uses to protect its own confidential information of a similar nature, but not less than a reasonable standard of care and not to
<br />use the other Party's Confidential Information other than as necessary to perform its obligations or as permitted under this
<br />Agreement. A Party shall not remove or destroy any proprietary or confidential legends or markings placed upon or contained
<br />within any Confidential Information.
<br />8.3. Intellectual Property Ownership. Each Party retains all right, title, and interest under applicable contractual, copyright and related
<br />laws to their respective Confidential Information, including the right to use such information for all purposes permissible by
<br />applicable laws, rules, and regulations. Provider retains all rights (other than the limited license granted herein), title, interest,
<br />ownership and all intellectual property rights in the Services including any improvements or modifications thereto, and Agency
<br />shall use such information consistent with such right, title and interest and notify Provider of any threatened or actual
<br />infringement thereof. Agency shall not remove or obscure any copyright or other notices from the Services or materials provided
<br />hereunder.
<br />8.4. Exception for Subpoenas and Court Orders. A Party may disclose Confidential Information solely to the extent required by
<br />subpoena, court order or other governmental authority, provided that the receiving Party provides the disclosing Party prompt
<br />written notice of such subpoena, court order or other governmental authority so as to allow the disclosing Party an opportunity
<br />to obtain a protective order to prohibit or limit such disclosure at its sole cost and expense. Confidential Information disclosed
<br />pursuant to subpoena, court order or other governmental authority shall otherwise remain subject to the terms applicable to
<br />Confidential Information.
<br />8.5. Duration. Each Party's obligations with respect to Confidential Information shall continue for the term of this Agreement and for
<br />a period of five (5) years after termination of this Agreement, provided however, that with respect to Trade Secrets, each Party's
<br />obligations shall continue for so long as such Confidential Information continues to constitute a Trade Secret.
<br />8.6. Return of Confidential Information. Upon the written request of a Party (and except as otherwise specifically set forth in an
<br />applicable Order), each Party shall return or destroy (and certify such destruction in a signed writing) any of the other Party's
<br />Confidential Information unless retention of such information is required by law, regulation, court order, or other similar mandate.
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