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Department of Justice (DOJ) Miscellaneous Provisions (Contract Number) Exhibit D 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 contract, or which become available to the Agency in carrying out this contract, 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 contract, or is rightfully obtained from third parties. 6. News Releases: Unless otherwise exempted, news releases, endorsements, advertising, and social media content pertaining to this contract shall not be made without prior written approval of the DOJ. Contract Modification: No amendment or variation of the terms of this contract shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the contract is binding on any of the parties. B. Change Management Process: Each agency agrees to notify the other agency in advance of any changes associated with this contract, including technical or system changes, that will affect or impact either the business or technical environment of either agency. This may include any scheduled maintenance periods, or emergency maintenance; disconnection or suspension of the service by either agency party; modifications to agreed upon configurations or outages. Contacts for such notification are listed in the Responsible Parties section of the contract. 9. Rules of Behavior: All agency systems and users are expected to protect DOTS Law Enforcement Network and associated information, in accordance with the Privacy Act and Trade Secrets Act (18 U.S Code 1905), the Unauthorized Access Act (18 U.S. Code 2701 and 2710), the California Information Practices Act of 1977 (Civil Code 1798), and the State Administrative Manual Chapter 5300 - 5365.3. Page 3 of 4