08 - Medicare Ground Ambulanca Data Collection Survey

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PUBLIC City of Paris EMS Medicare Ground Ambulance Data Collection Services the general public, and (iii) has not previously been available to the Receiving Party or others without confidentiality restrictions. In addition, the term "Proprietary or Confidential Information" shall also mean all information or data, regardless of whether it is in tangible form, that is disclosed or otherwise made available by the Disclosing Party to the Receiving Party and designated as "confidential" or "proprietary" by the Disclosing Party. Such designation shall be clear and in writing, either before the Proprietary or Confidential Information is disclosed or within a reasonable time afterwards. Proprietary or Confidential Information does not include information that, without a breach of this AGREEMENT, is (i) known to the Receiving Party without restriction when received, or thereafter developed independently by the Receiving Party; (ii) obtained by the Receiving Party from a source, who is lawfully in possession of such information (other than the Disclosing Party) through no breach of this AGREEMENT or any other confidentiality obligations; or (iii) in the public domain when received, or thereafter in the public domain through no fault of the Receiving Party. b. The Receiving Party shall preserve Proprietary or Confidential Information securely and in strict confidence, exercising no less than the same degree of care used to protect the security and confidentiality of its own confidential and proprietary information, and in any event no less than reasonable care. C. The Receiving Party shall use Proprietary or Confidential Information solely for purposes of the Contracted Services, and for no other purpose, and shall disclose Proprietary or Confidential Information only to such officers and employees of the Receiving Party with a need to know such Proprietary or Confidential Information for purposes of those Con- tracted Services. The Receiving Party shall not divulge any such Proprietary or Confi- dential Information to any employee who is not working on matters relating to this AGREEMENT and the Contracted Services, without the prior written consent of the Dis- closing Party. d. If the Receiving Party is requested or required to disclose Confidential Information pur- suant to a subpoena or an order of a court or governmental agency having jurisdiction, the Receiving Party shall, prior to any disclosure of Confidential Information: (1) provide the Disclosing Parry with written notice of the existence, terms, and circumstances surround- ing the legal or governmental request or requirement, within two (2) business days of re- ceiving it; (2) promptly consult with the Disclosing Party on taking steps to resist or nar- row the request; (3) cooperate and assist the Disclosing Party with its efforts to obtain an order or otherwise limit or restrict the disclosure of its Confidential Information that is subject to the legal or governmental request or requirement; and (4) only after fully com- plying with the above steps, if disclosure of Confidential Information is still required, fur- nish only such portion of the Confidential Information as the Receiving Party is advised by counsel is legally required to be disclosed. e. Rights and obligations under this AGREEMENT shall take precedence over specific leg- ends or statements that may be associated with Proprietary or Confidential Information when received. Page 4