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then the Property Manager shall confer with the Agent to determine whether rent <br />will be accepted. If rent is accepted, the tenant will be required to pay with a <br />money order or cashier's check only. If it is determined that the tenant is <br />chronically late or has a serious nonpayment problem, then the Agent has the <br />option of foregoing the rent and continuing with the eviction if the deadline <br />specified in the Ten (10) Day Notice has already elapsed. <br />C. Confidentiality <br />Owner has a legal obligation to protect all confidential information in its <br />possession, especially data and information concerning identity, health, criminal, <br />and welfare recipient records of tenants and applicants. Owner and its contractors <br />which include the property management company and service providers <br />understand that they must protect the confidentiality of such data and information. <br />Consequently, Owner staff and its contractors must sign a Confidentiality <br />Agreement as a condition of providing services at Vista del Rio. <br />The Confidentiality Agreement requires Owner, its staff and its contractors to <br />agree that they will not divulge to unauthorized person any data or information <br />obtained while performing work at Vista del Rio. Any staff who may have access <br />to tenant records and medical history must sign this document, confirming that all <br />records will be housed in a secure and confidential manner and that all <br />information concerning any tenant or applicant is privileged and may not be <br />shared with any unauthorized individual without the expressed written consent of <br />the tenant or applicant. However, all staff will be trained to understand that there <br />are exceptions to confidentiality: (1) if there is reasonable suspicion of abuse to <br />children or elderly persons, (2) if there is a disclosure of a serious intent to inflict <br />harm upon oneself or another individual, (3) if a law enforcement agency seeks <br />information related to a criminal investigation or terrorist activity, and (4) for <br />income verification and eligibility determination purposes. <br />Notwithstanding, all tenants and applicants of Vista del Rio will be required to <br />sign a release authorizing Owner, Agent, and supportive services partners to <br />obtain and share pertinent information with regulatory agencies, lenders, and <br />funders that govern the management of Vista del Rio. <br />Owner and its contractors agree to report any and all violations of this agreement <br />by contractor and its staff and /or by any other person whom Owner and its <br />contractors become aware. Owner and its contractors acknowledge that violation <br />of this agreement may cause termination of employment and/or contract, and lead <br />to civil and/or criminal action as Owner shall seek all possible legal redress. <br />To further ensure confidentiality, the Agent and its staff shall not have access to <br />personally identifiable health information of tenants and applicants of Vista del <br />Rio. Certification of applicant and tenant disability status is submitted to property <br />management staff in a sealed envelope during the application process for delivery <br />Exhibit H - 35 - <br />