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ELECTRONIC INFORMATION EXCHANGE AGREEMENT <br />Information <br />Security Office <br />remedy or limit the misappropriation or misuse and/or its effects. This cooperation must extend <br />beyond the expiration or termination (for any reason) of this Agreement. <br />Return or Destruction of Information Assets. Any Information Assets furnished, and all copies <br />thereof, will be returned promptly to the Disclosing party or destroyed using reasonable measures to <br />protect against unauthorized access to or use of the information in connection with its destruction, <br />following the earlier of (a) the termination of this Agreement, (b) receipt of a written request to <br />return or destroy the Information Assets, or (c) the termination of the business relationship between <br />the Parties. If both Parties agree that return or destruction of the Information Assets is not feasible, <br />the Receiving party will continue to extend the protections outlined herein to all Information Assets <br />in its possession and will limit further use of that information to those purposes that make the return <br />or destruction of the Information Assets not feasible. Ca1PERS reserves the right to inspect the <br />storage, processes, and destruction of any confidential data provided under this Agreement. <br />Injunctive Relief. Each Party understands and. agrees that the Disclosing Party may suffer <br />immediate, irreparable harm in the event the Receiving Party fails to comply with any of its <br />obligations under this Agreement, that monetary damages will be inadequate to compensate the <br />Disclosing Party for such breach and that the Disclosing Party shall have the right to enforce this <br />Agreement by injunctive or other equitable remedies. <br />Attorney's Fees; Jurisdiction. In the event of any litigation between the Parties, the prevailing Party <br />shall be entitled to reasonable attorney's fees and all costs of proceedings incurred in enforcing this <br />Agreement. The Parties agree that California is both the place of malting and the place of <br />performance of this Agreement and both Parties consent to jurisdiction in the State of California. <br />Termination of Contract. Each party agrees that a violation of a material term of the contract may <br />result in termination of the contract. <br />PERSOlA0041 (08-2008) Page 2 of 3 Effective 8/27/2008 <br />