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2- Comprehensive has access lo protectcd substancc abuse inforntation and is accordingly considered a Qr-ralified Service Organization ("QSO") pursuant to 42 C.F.R. Part 2, and therefore Kittitas County Jail agrrcs to conrply with certain mandatory provisions regarding the use and disclosure of substance abuse treatmcnt information, as per 42 C.F,R. $ 2. I l, as follows: a.In receiving, storing, processing, orotherwise dealing with any protccted substance abuse infomratiorr disclosed by Comprchensive Kittitas CountyJail is tully bound by the provisions of the fedelal regtrlations govetning Confidcntiality of Alcoholand Drug Abuse Patient Records, 42 C.F.R. Palt 2. Kittitas County.lail shall also be: bound by similar ptovision of Washingtol Statc law containcd at RCW ch.70.96A and r-egulations promulgated thereurder. Notwithstanding the above, if Comprehensive discloses protected snbstance abuse inforrnation to Kittitas County .Iail in violation of 42 C.F.R. Parl 2 or RCW ch. 70.964, Comprehensive agrees fo defend and hold hannless Kittitas County Jail from any and all clainrs or losses arising out of Comprehensive's violation. Kittitas County Jail acknowleclges that any unauthorized disclosure ofinfornration under 42 C.F.R. Part2 is a fecleral orinrinal offense. 3. Except as llecessaly in this MOA's pcrformance, or as authorized in writing by a party or by law, the parties (and theil employees, agents, and contractors) shall not disclose to any per$onr institutiorr, entity, company, or any other party, any proprictary business irrfcnnati<ln dircctly or indir-ectly rclated to a pafty that thc othcr party (ol its employees, agents, and contractors) receives under this MOA, or about lvhich it otherwise is aware. The parties (and their ernployees, agents, and contractots) also agree not to disclose, exccpt to each othcr, lhe other party's proprictary infbnlation, professional secrcts or othcr intbrnration obtained under this MOA ("Confidential Information"), unless a party reccives prior written authorizatioti to do so from the other party, or rrs authorizcd by law. Nothing containcd hercin sl-rall tre constr-ued to prohibit arly appropriatc governrnent official from obtaining, reviewing, and auditing any irrformation, recol'd, data, and data elements to rvhich he/she or his/her agency lawfully is entitled. Each pafiy shall ensure that its employees or agents cease trsing the other party's Corrfidential Infonnation and leturn any Confidential Inforrnation in its/hislher/their possession to the other par-ty imrnediately upon termination of its/his/her/their participation hereunder. Each party hereto acknowledges and agrees that upon this section's bleach by the other party, neither it nor its successor will have any aclequate remedy at law and, therefore, the non-breachirrg party, and/or its successor, is errtitled to injunc-tive relief in acldition to any other available rernedies. This section shall survive this MOA's termination. 4. The palties shall ensure that their respcctivc enrployees, agents, and contractors are aware of and shall comply with the aforementioned obligations. b H&S MOA KCI Page 6