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All writings, programs, data, public records or other materials prepared by the Contractor <br />and/or its consultants or sub -Contractors, in connection with performance of this <br />Agreement shall be the sole and absolute property of the County. <br />25. Confidentiality: <br />The Contractor, its employees, Sub -Contractors, and their employees shall maintain the <br />confidentiality of all information provided by the County or acquired by the Contractor in <br />performance of this Agreement, except: 1) as provided below, 2) upon the prior written <br />consent of the Kittitas County Prosecuting Attorney; or 3) upon an order entered by a court <br />after having acquired jurisdiction over the County. Contractor shall immediately give to the <br />County notice of any judicial proceedings seeking disclosure of such information. <br />Contractor shall indemnify and hold harmless the County, its Additional Insured's, officials, <br />agents or employees from all loss or expense, including, but not limited to settlements, <br />judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this <br />provision. <br />25.1 The Contractor shall not use, publish, transfer, sell or otherwise disclose any <br />Confidential Information gained by reason of this Agreement for any purpose <br />that is not directly connected with the performance of the services <br />contemplated hereunder, except: <br />25.1.1 As provided by law; or <br />25.1.2 In the case of Personal Information, as provided by law or with the <br />prior written consent of the person or personal representative of the <br />person who is the subject of the Personal information. <br />25.2 The Contractor shall protect and maintain all Confidential Information gained <br />by reason of this Agreement against unauthorized use, access, disclosure, <br />modification or loss. This duty requires the Contractor to employ reasonable <br />security measures, which include restricting access to the Confidential <br />Information by: <br />25.2.1 Allowing access only to staff that have an authorized business <br />requirement to view the confidential information. <br />25.2.2 Physically securing any computers, documents, or other media <br />containing the Confidential Information. <br />25.2.3 Ensure the security of Confidential Information transmitted via fax <br />(facsimile) by verifying the recipient phone number to prevent <br />accidental transmittal of Confidential Information to unauthorized <br />persons. <br />Professional Services Agreement <br />Page 11 <br />