Laserfiche WebLink
California Department of Justice Memorandum of Understanding <br />Exhibit E, Miscellaneous Provisions <br />a. The State will notify the Agency of any such claim in writing and tender the <br />defense thereof within a reasonable time; and <br />b. The Agency will have sole control of the defense of any action on such claim and <br />all negotiations for its settlement or compromise; provided that (i) when <br />substantial principles of government or public law are involved, when litigation <br />might create precedent affecting the future State operations or liability, or when <br />involvement of the State is otherwise mandated by law, the State may participate <br />in such action at its own expense with respect to attorneys' fees and costs (but <br />not liability; (ii) where a settlement would impose liability on the State, affect <br />principles of California government or public law, or impact the authority of the <br />State, the State will have the rights to approve or disapprove any settlement or <br />compromise, which approval will not unreasonably be withheld or delayed; and <br />(iii) the State will reasonably cooperate in the defense and in any related <br />settlement negotiations. <br />5. CONFIDENTIALITY OF DATA:, All financial, statistical, personal, technical and other <br />data and 'information relating to the State's operation which are designated <br />confidential by the State and made available to the Agency in order to carry out this <br />MOU, or which become available to the Agency in carrying out this MOU, shall be <br />protected by the Agency from unauthorized use and disclosure through the <br />observance of the same or more effective procedural requirements as are applicable <br />to the State. If the methods and procedures employed by the Agency for the protection <br />of the Agency data and information are deemed by the State to be adequate for the <br />protection of the State's confidential information, such methods and procedures may <br />be used, with the written consent of the State, to carry out the intent of this paragraph. <br />The Agency shall not be required under the provisions of this paragraph to keep <br />confidential any data or information which is or becomes publicly available, is already <br />rightfully in the Agency's possession without obligation of confidentiality, is <br />independently developed by the Agency outside the scope of this MOU, or is rightfully <br />obtained from third parties. <br />6. NEWS RELEASES: Unless otherwise exempted, news releases, endorsements, <br />advertising, and social media content pertaining to this MOU shall not be made <br />without prior written approval of the DOJ. <br />7. MOU MODIFICATION:, No amendment or variation of the terms of this MOU shall be <br />valid unless made in writing, signed by the parties and approved as required. No oral <br />understanding or agreement not incorporated in the MOU is binding on any of the <br />parties. <br />8. CHANGE MANAGEMENT PROCESS: Each agency agrees to notify the other agency <br />in advance of any changes associated with this MOU, including technical or system <br />changes, that will affect or impact either the business or technical environment of <br />Revised 6114118 <br />Page 3 of 4 <br />