Sub-Contract between Yakima Neighborhood Halth Services and KCPHD

Home Browse Search

DocuSign Envelope ID: 62955F1D-7A37-4CB0-A8D8-2BA7ADB5515E EXHIBIT E — CONFIDENTIALITY AND NON -DISCLOSURE AGREEMENT For Navigator Organizations This Confidentiality and Nondisclosure Agreement ("Agreement") is entered into by and between the Washington Health Benefit Exchange, ("HBE"), and the Navigator Organization named in the signature block ("Recipient"). This Navigator Organization is a subcontractor or agent of [Contractor Name] or the Health Benefit Exchange and as such requires access to information or material related to the Washington Health Benefit Exchange that is Confidential Information as defined herein. HBE agrees to release this information to Recipient for those purposes pursuant to the terms and conditions contained in this Agreement. Recipient agrees to the terms and conditions herein. NOW THEREFORE, in consideration of the above premises and the promises contained herein, the parties agree as follows: Whenever used in this Agreement, the term "Confidential Information" will mean: individual's names; ages; residential addresses; email addresses; telephone numbers; Driver's license number or Washington identification card number; financial information (e.g., profiles, social security numbers, income, credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, security codes, access codes, or passwords that would permit access to an individual's financial account); medical data/personal health information; law enforcement records; or other records concerning the state's citizens and businesses; information concerning recipients of services from public health agencies; state or system software code, source code or object code and security data; system or network designs, drawings, or specifications; computer programs; system and technical documentation; and trade secrets or proprietary information of the HBE or the HBE's contractors. Confidential Information may be in tangible or intangible form. HBE's failure to expressly identify Confidential Information as such shall not in any way lessen or negate Recipient's obligation to keep such information confidential in accordance with this Agreement. The term "Confidential Information" shall not be construed to include information that (i) is or becomes readily available in public records or documents, other than as a result of a disclosure by Recipient or other entity acting on behalf of Recipient, or (ii) can be documented to have been known by Recipient prior to its disclosure by HBE, or (iii) is disclosed pursuant to applicable law, judicial action or government regulations, including without limitation the Washington State Public Records Act, chapter 42.56 RCW. Recipient agrees to hold such Confidential Information in confidence and except for disclosure required by law; Recipient shall not disclose such Confidential Information. Recipient understands that the breach of the terms of this Agreement would cause irreparable damage to HBE and that Recipient could be subject to litigation and required to indemnify, and hold HBE harmless from actual damages from losses that result from its breach. This Agreement, its validity, construction and effect will be governed by the laws of the State of Washington. Venue for any action between the parties shall be in Thurston County, State of Washington. HBE-349 YVHS Exhibit E — Non -Disclosure and Confidentiality Agreement Page 28 of 41