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<br />Professional Services Agreement <br />Page 11 <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 as defined by information protected from disclosure <br />under federal or state law, gained by reason of this Agreement for any <br />purpose that is not directly connected with the performance of the services <br />contemplated hereunder, except: <br /> <br />25.1.1 As provided by law; or <br /> <br />25.1.2 In the case of Personal Information as defined by personal and <br />sensitive information that if improperly used or released may do <br />significant harm to a patient’s interests in privacy, health care, other <br />interests, or as provided by law or with the prior written consent of the <br />person or personal representative of the person who is the subject of <br />the Personal information. <br /> <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 /> <br />25.2.1 Allowing access only to staff that have an authorized business <br />requirement to view the confidential information. <br /> <br />25.2.2 Physically securing any computers, documents, or other media <br />containing the Confidential Information. <br /> <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 /> <br />25.2.4 When transporting six (6) to one hundred forty nine (149) records <br />containing Confidential Information outside a Secure Area, do one or <br />more of the following as appropriate: <br />