CALIFORNIA DEPARTMENT OF JUSTICE (4)

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California Department of Justice Memorandum of Understanding Exhibit B, Miscellaneous Provisions in connection with the performance of this MOU. Such defense and payment will be conditional upon the following: a. The State will notify the Agency of any such claim in writing and tender the defense thereof within a reasonable time; and b. The Agency will have sole control of the defense of any action on such claim and all negotiations for its settlement or compromise; provided that (i) when substantial principles of government or public law are involved, when litigation might create precedent affecting the future State operations or liability, or when involvement of the State is otherwise mandated by law, the State may participate in such action at its own expense with respect to attorneys' fees and costs (but not liability; (ii) where a settlement would impose liability on the State, affect principles of California government or public law, or impact the authority of the State, the State will have the rights to approve or disapprove any settlement or compromise, which approval will not unreasonably be withheld or delayed; and (iii) the State will reasonably cooperate in the defense and in any related settlement negotiations. 5. CONFIDENTIALITY OF DATA: All financial, statistical, personal, technical and other data and information relating to the State's operation which are designated confidential by the State and made available to the Agency in order to carry out this MOU, or which become available to the Agency in carrying out this MOU, shall be protected by the Agency from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to the State. If the methods and procedures employed by the Agency for the protection of the Agency data and information are deemed by the State to be adequate for the protection of the State's confidential information, such methods and procedures may be used, with the written consent of the State, to carry out the intent of this paragraph. The Agency shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is already rightfully in the Agency's possession without obligation of confidentiality, is independently developed by the Agency outside the scope of this MOU, or is rightfully obtained from third parties. 6. NEWS RELEASES: Unless otherwise exempted, news releases, endorsements, advertising, and social media content pertaining to this MOU shall not be made without prior written approval of the DOJ. 7. MOU MODIFICATION: No amendment or variation of the terms of this MOU shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the MOU is binding on any of the parties. Revised 6/14118 Page 3 of 5