Resolution 2021-54 - Laserfiche WebLink

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8.2.1 The District may immediately terminate the Contract in accordance with District policies if, at any time, the District determines in its sole discretion, that Contractor has breached any of the requirements of this Addendum. 8.2.2 The District may terminate the Contract if District receives information that Contractor has failed to comply with the same or substantially similar security obligations as set forth herein with another school district. 8.2.3 The District may terminate the Contract if the District receives information after execution of this Addendum that any of Contractor's representations or warranties have substantially changed after execution of this Addendum, including but not limited to the terms of Contractor's privacy policy. 9. Data Transfer Upon Termination or Expiration 9.1 Destruction or Return of District Data. With the exception of De -identified Data that District has specifically agreed in writing to allow Contractor to use after termination or expiration of this Agreement, or District Data for which Contractor has specifically obtained consent from the parent, legal guardian or student to keep, within thirty (30) calendar days after termination or expiration of this Agreement, Contractor shall ensure that all District Data and PH that Contractor collected, generated or inferred pursuant to the Contract ("Contract Data"), is securely returned or Securely Destroyed, as directed by the District. In the event that the District requests destruction, Contractor agrees to Securely Destroy all District Data and Contract Data that is in its possession and cause its Subcontractors to Securely Destroy all District Data and Contract Data that is in the possession of any Subcontractors. if the District requests return, Contractor shall securely return all District Data and Contract Data to the authorized person specified by the District, using the methods requested by the District, in its discretion. The Contractor shall promptly certify in writing to District that such District Data and Contract Data has been disposed of or returned securely, using the form attached hereto as Schedule 3. 9.2 Transfer and Destruction of District Data. if the District elects to have all District Data or Contract Data that is in Contractor's possession or in the possession of Contractor's Subcontractors transferred to a third party designated by the District, such transfer shall occur within a reasonable period of time but no later than thirty (30) calendar days after expiration or termination of this Agreement, and without significant interruption in service or access to such District Data. Contractor shall work closely with such third party transferee to ensure that such transfer/migration uses facilities and methods are compatible with the relevant systems of the District or its transferee, and to the extent technologically feasible, that the District will have reasonable access to District Data during the transition. District will pay all costs associated with such transfer, unless such transfer is as the result of termination of this Agreement following Contractor's breach of the terms of this Agreement. Upon successful transfer of District Data, as confirmed in writing by the District's Designated Representative, Contractor shall Securely Destroy all District Data in accordance with Section 9.1. 9.3 Response to Specific Data Destruction or Return Requests. Contractor shall Securely Destroy or return any specific District Data or Contract Data that is in its possession or in the possession of its Subcontractors within five (5) business days, excluding national holidays, after receiving a written request from the District. 10. Indemnification Colorado Council of School Board Attorneys, December JO, 20 16