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State of California City of Santa Ana <br /> Franchise Tax Board Agreement# 107503 <br /> 8. GENERATIVE Al: <br /> During the term of the Agreement, Contractor must notify the State in writing if their services <br /> or any work under this Agreement includes, or makes available, any previously unreported <br /> GenAl technology, including GenAl from third parties or subcontractors. Contractor shall <br /> immediately complete the GenAl Reporting and Factsheet (STD 1000) to notify the State of <br /> any new or previously unreported GenAl technology. <br /> At the direction of the State, Contractor shall discontinue the use of any new or previously <br /> undisclosed GenAl technology that materially impacts functionality, risk, or Agreement <br /> performance until the use of such GenAl technology has been approved by the State. <br /> Failure to disclose GenAl use to the State and submit the GenAl Reporting and Fact (STD <br /> 1000) may be considered a breach of the Agreement by the State at its sole discretion and <br /> the State may consider such failure to disclose GenAl and/or failure to submit the GenAl <br /> Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the <br /> Agreement. The State is entitled to seek any and all relief to which it may be entitled to as a <br /> result of such non-disclosure. <br /> The State reserves the right to amend the Agreement, without additional cost, to incorporate <br /> GenAl Special Provisions into the Agreement at its sole discretion and/or terminate any <br /> Agreement that presents an unacceptable level of risk to the State. <br /> 9. DESTRUCTION OF RECORDS: <br /> All records received by the City (or County) from FTB under this Agreement, and any <br /> database(s) created, copies made, or files attributed to the records received, shall be <br /> destroyed within three years of receipt or upon termination of the agreement due to a breach <br /> of its terms, whichever occurs earlier. The records shall be destructed in a manner to be <br /> deemed unusable or unreadable, and to the extent that an individual record can no longer <br /> be reasonably ascertained. The City (or County) will notify FTB City/County Business Tax <br /> program manager annually in writing at FTBCCBT(&,FTB.CA.GOV that proper destruction <br /> methods have been applied. FTB will destroy city/county data in accordance with the <br /> department's data retention policies. <br /> 10. SAFEGUARD REVIEW: <br /> FTB retains the right to conduct on-site safeguard reviews of the other party's use of <br /> information and the security controls established. The safeguard reviews may include, but <br /> are not limited to, an examination of the adequacy of information security controls, "need-to- <br /> know", and use justifications established by the party to ensure compliance with the terms <br /> and conditions of this Agreement. FTB will provide a minimum of seven (7) days' notice of a <br /> safeguard review conducted by FTB staff. The City (or County) will take appropriate <br /> disciplinary actions against any user determined to have violated security or confidentiality <br /> requirements. <br /> 11. SURVIVAL OF OBLIGATION TO PROTECT DATA: <br /> Each party's obligation to protect the data and information received from the other party <br /> shall survive the expiration or termination of this Agreement. In the event a party continues <br /> to provide any data or information to the other party after the expiration or termination of this <br /> Agreement, the receiving party agrees to continue to protect all such data and information <br /> received in accordance with the provisions of this Exhibit D, and all applicable state and <br /> federal laws. <br /> Page 7 of 13 <br /> Ptawic=r1 rlofc• r154 !17 ')n'7d <br />