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C. Use, Security, and Retention <br /> Borrower shall use,hold and maintain State Confidential Information i compliance with any <br /> and all applicable laws and regulations in facilities located within the nited States,and shall <br /> maintain a secure environment that ensures confidentiality of . 1 State Confidential <br /> Information wherever located. Borrower shall provide the State th access, subject to <br /> Borrower's reasonable security requirements, for purposes of insp:cting and monitoring <br /> access and use of State Confidential Information and evalua ing security control <br /> effectiveness.Upon the expiration or termination of this Contract,Bo e wer shall return State <br /> Records provided to Borrower or destroy such State Records and ce ify to the State that it <br /> has done so, as directed by the State. If Borrower is prevented by 1 w or regulation from <br /> returning or destroying State Confidential Information, Borrower wa i ants it will guarantee <br /> the confidentiality of, and cease to use, such State Confidential Info ation. <br /> D. Incident Notice and Remediation <br /> If Borrower becomes aware of any Incident, it shall notify the ate immediately and <br /> cooperate with the State regarding recovery, remediation, and the ne essity to involve law <br /> enforcement, as determined by the State. Unless Borrower can establish that none of <br /> Borrower or any of its agents, employees, assigns or Subcontractors are the cause or source <br /> of the Incident, Borrower shall be responsible for the cost of notifying each person who may <br /> have been impacted by the Incident. After an Incident, Borrower shall take steps to reduce <br /> the risk of incurring a similar type of Incident in the future as directed by the State, which <br /> may include, but is not limited to, developing and implementing a remediation plan that is <br /> approved by the State at no additional cost to the State. The State main its sole discretion <br /> and at Borrower's sole expense, require Borrower to engage the servi es of an independent, <br /> qualified, State-approved third party to conduct a security audit. Bo wer shall provide the <br /> State with the results of such audit and evidence of Borrower's p anned remediation in <br /> response to any negative findings. <br /> E. Data Protection and Handling <br /> Borrower shall ensure that all State Records and Work Product in the isossession of <br /> Borrower or any Subcontractors are protected and handled in accord. ce with the <br /> requirements of this Contract, including the requirements of any Exhi'its hereto, at all <br /> times. <br /> 16. CONFLICTS OF INTEREST <br /> A. Actual Conflicts of Interest <br /> Borrower shall not engage in any business or activities, or maintain any relationships that <br /> conflict in any way with the full performance of the obligations o Borrower under this <br /> Contract. Such a conflict of interest would arise when a Borrower'. employee, officer or <br /> agent were to offer or provide any tangible personal benefit to an e ployee of the State, or <br /> any member of his or her immediate family or his or her partner,relates to the award of,entry <br /> into or management or oversight of this Contract. <br /> B. Apparent Conflicts of Interest <br /> Borrower acknowledges that, with respect to this Contract, even the appearance of a conflict <br /> of interest shall be harmful to the State's interests. Absent the State's prior written approval, <br /> Borrower shall refrain from any practices, activities or relationships that reasonably appear <br /> to be in conflict with the full performance of Borrower's obligations under this Contract. <br /> Contract Number:CT2019-2792 Page 11 of 19 Version 0119 <br />