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Page 5 of 8 <br />F.The Parties agree to assure that all people with access to the information understand their <br />responsibilities regarding it. <br />VII.BREACH <br />A.In the event that the Information Recipient discovers a breach or otherwise a <br />compromise of the safeguards which affects the Information Provider’s Data, or any <br />unauthorized use or disclosure of the Information Provider’s Confidential Information, <br />the Information Recipient shall do the following: <br />1.Notify the Information Provider without undue delay at <br />driedl@southbendin.gov or support@blueconduit.com and in any other manner <br />mutually agreed upon and describe the circumstances surrounding such Incident, <br />2.Promptly investigate and mitigate the impact of the Incident, <br />3.Take reasonable steps to regain possession of any Confidential Information, <br />including the Information Provider’s Data, and <br />4.Provide the Information Provider with a written remediation plan that is <br />reasonably satisfactory to the Information Provider that is designed to prevent <br />similar Incidents. <br />B.The Information Recipient shall notify the Information Provider within 24 hours of the <br />detection of a possible breach or immediately upon the confirmation of a breach and will <br />cooperate with efforts by the Information Provider to help the Information Provider <br />regain possession of Data and prevent its further unauthorized use. The Information <br />Recipient shall give highest priority to immediately mitigating any breach and shall <br />devote such resources as may be required to accomplish that goal. <br />C.If an Incident affecting the Information Provider’s Data has occurred, the Information <br />Provider shall have the right to terminate this Agreement immediately without <br />penalty. The Information Provider may also discontinue any performance under this <br />Agreement until the Information Provider, in its sole discretion, determines that the <br />causes of the breach have been sufficiently mitigated. <br />VIII.AMENDMENTS <br />Amendments may be made at any time. However, no alteration or variation of the terms of <br />this Agreement shall be valid unless made in writing and signed by the Parties hereto. No <br />oral understanding or agreement not incorporated herein shall be binding on any of the <br />Parties hereto. <br />IX.TERMINATION <br />Either Party may terminate this Agreement at any time for any reason, including failure to <br />comply with any condition of this Agreement, upon thirty (30) days advanced written notice. <br />Sections IV, V, VI, and VII shall survive any termination of this Agreement. <br />X.GOVERNANCE <br />This Agreement is entered into pursuant to and under the authority granted by the State of <br />Indiana and any applicable federal laws. The provisions of this Agreement shall be <br />construed to conform to those laws, as amended from time to time.