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d.SAPL agrees to adhere to all requirements in applicable State and in federal law with respect <br />to a data breach related to the student data, including, when appropriate or required, the <br />required responsibilities and procedures for notification and mitigation of any such data <br />breach. <br />e.SAPL further acknowledges and agrees to have a written response plan that reflects best <br />practices and is consistent with industry standards and federal and state law for responding to <br />a data breach, breach of security, privacy incident or unauthorized acquisition or use of <br />student data or any portion thereof, including personally identifiable information and agrees <br />to provide SAUSD, upon request, with a copy of said written incident response plan. <br />f. SAPL is prohibited from directly contacting parent, legal guardian or eligible pupil unless <br />expressly requested by SAUSD. If SAUSD requests SAPL's assistance providing notice of <br />unauthorized access, and such assistance is not unduly burdensome to SAPL, SAPL shall notify the <br />affected parent, legal guardian or eligible pupil of the unauthorized access, which shall include <br />the information listed in subsections (b) and (c), above. <br />ARTICLE VI: MISCELLANEOUS <br />1. Term: The SAPL shall be bound by this DSA for the duration of the MOU or long as the SAPL <br />maintains any student data. <br />2. Termination: In the event that either party seeks to terminate this DSA, they may do so by mutual <br />written consent so long as the MOU has lapsed or has been terminated. SAUSD shall have the <br />right to terminate the DSA and MOU in the event of a materials breach of the terms of this DSA. <br />3. Effect of Termination Survival: If the MOU is terminated, the SAPL shall destroy all of SAUSD'data <br />pursuant to Article V, section 1(b), above. <br />4. Priority of Agreements: This DSA shall govern the treatment of student data in order to comply <br />with privacy protections, including those found in FERPA and all applicable privacy statutes <br />identified in this DSA. In the event there is conflict between the DSA and the MOU, the DSA shall <br />apply and take precedence. Except as described in this paragraph herein, all other provisions of <br />the MOU shall remain in effect. <br />5. Notice: All notices or other communication required or permitted to be given hereunder must be <br />in writing and given by personal delivery, or e-mail transmission (if contact information is provided <br />for the specific mode of delivery), or first-class mail, postage prepaid, sent to the designated <br />representatives before: <br />a. Designated Representatives <br />The designated representative for the SAUSD for this Agreement is: <br />Name: <br />Bianca Barquin <br />Title: Assistant Superintendent <br />