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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />COUNTY data through unauthorized use, disclosure, or acquisition of COUNTY data ("Security <br />Breach"), CONTRACTOR shall immediately notify COUNTY of its discovery. After such <br />notification, CONTRACTOR shall, at its own expense, immediately: <br />Breach. <br />32.2.1.1 Investigate to determine the nature and extent of the Security <br />32.2.1.2 Contain the incident by taking necessary action, including, but <br />not limited to, attempting to recover records, revoking access, and/or correcting weaknesses in <br />security. <br />32.2.1.3 Report to COUNTY the nature of the Security Breach, the <br />COUNTY data used or disclosed, the person who made the unauthorized use or received the <br />unauthorized disclosure, what CONTRACTOR has done or will do to mitigate any harmful effect <br />of the unauthorized use or disclosure, and the corrective action CONTRACTOR has taken or will <br />take to prevent future similar unauthorized use or disclosure. <br />32.2.2 The COUNTY, in its sole discretion and on a case -by -case basis, will <br />determine what actions are necessary in response to the Security Breach and who will perform <br />these actions. Actions may include, but are not limited to: notifications; investigation and <br />remediation costs, including notification of all whose personal information was disclosed; outside <br />investigation; forensics; counsel; crisis management; and credit monitoring. In the event <br />COUNTY determines CONTRACTOR will conduct additional action(s), CONTRACTOR shall <br />bear the costs. In the event COUNTY conducts additional actions(s) arising out of or in connection <br />with a Security Breach, CONTRACTOR shall reimburse COUNTY for costs associated to legally <br />required actions. <br />33. COPYRIGHT ACCESS <br />The U.S. Department of Health and Human Services, the CDSS, and COUNTY will have <br />a royalty -free, nonexclusive, and irrevocable license to publish, translate, or use, now and <br />hereafter, all material developed under this Agreement, including those covered by copyright. <br />34. WAIVER <br />No delay or omission by either party hereto to exercise any right or power accruing upon <br />WGM0319 <br />Pa e 32 of 40 <br />25�-34 <br />3-31-2020 <br />