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l ELECTRONIC INFORMATION EXCHANGE AGREEMENT Information Securi Office remedy or limit the misappropriation or misuse and/or its effects. This cooperation must extend beyond the expiration or termination (for any reason) of this Agreement. Return or Destruction of Information Assets. Any Information Assets furnished, and all copies thereof, will be returned promptly to the Disclosing party or destroyed using reasonable measures to protect against unauthorized access to or use of the information in cormection with its destruction, following the earlier of (a) the termination of this Agreement, (b) receipt of a written request to return or destroy the Information Assets, or (c) the termination of the business relationship between the Parties. If both Parties agree that return or destruction of the Information Assets is not feasible, the Receiving party will continue to extend the protections outlined herein to all Information Assets in its possession and will limit further use of that information to those purposes that make the return or destruction of the Information Assets not feasible. Ca1PERS reserves the right to inspect the storage, processes, and destruction of any confidential data provided under this Agreement. I~n'unctive Relief. Each Party understands and agrees that the Disclosing Party may suffer immediate, irreparable harm in the event the Receiving Party fails to comply with any of its obligations under this Agreement, that monetary damages will be inadequate to compensate the Disclosing Party for such breach and that the Disclosing Party shall have the right to enforce this Agreement by injunctive or other equitable remedies. Attomey's Fees; Jurisdiction. In the event of any litigation between the Parties, the prevailing Party shall be entitled to reasonable attorney's fees and all costs of proceedings incurred in enforcing this Agreement. The Parties agree that California is both the place of making and the place of performance of this Agreement and both Parties consent to jurisdiction in the State of California. Temunation of Contract. Each party agrees that a violation of a material term of the contract may result in termination of the contract. // // // // PERSO1A004] (08-2008) Page 2 of 3 Effective 8/27/2008