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16.If NC STATE provides the SPONSOR with"personally identifiable information"from it student's education <br /> record as defined by the Family Educational Rights and Privacy Act("FERPA")and its implementing regulation <br /> 34 CFR 99.3,SPONSOR hereby certifies that collection of this information from NC STATE is necessary for <br /> the performance of SPONSOR's duties and responsibilities on behalf of NC STATE under this Contract.In this <br /> instance,NC STATE considers SPONSOR a school official with a legitimate educationi.l interest under FERPA. <br /> SPONSOR further certifies that it shall maintain the confidential status of education records in their custody,and <br /> that it shall not re-disclose personally identifiable information as directed by FERPA.Failure to abide by legally <br /> applicable security measures and disclosure restrictions may result in the interruption,suspension and/or <br /> termination of the relationship with SPONSOR for a period of at least five(5)years from date of violation.If <br /> SPONSOR experiences a security breach relating to this information or if SPONSOR re-discloses the <br /> information,SPONSOR shall immediately notify NC STATE.SPONSOR shall indennaay NC STATE for any <br /> breach of confidentiality or failure of its responsibilities to protect the personally identifiable information& } <br /> Specifically,these costs may include,but are not limited to,the cost of notification of the affected persons as a <br /> result of its unauthorized release of NC STATE data provided to SPONSOR pursuant to:be Contract. <br /> 17.If NC STATE provides any data to SPONSOR pursuant to this Agreement then SPONSOR shall preserve and <br /> maintain the data for a period of three(3)years or as indicated in a litigation hold letter issued by NC STATE,to <br /> fulfill NC STATE's obligations under the North Carolina Public Records Act and under die Federal and North <br /> Carolina Rules of Civil Procedure.SPONSOR shall immediately preserve and maintain data(and any generated <br /> email correspondence)upon NC STATE's request or upon notice of litigation and further SPONSOR shall make <br /> available all data that NC STATE may specify within the time limits required. <br /> The parties hereto have executed this AGREEMENT effective as of the date above. <br /> Proposed by: <br /> Project Manager(signed) <br /> SPONSOR NORTH CAROLINA STATE UNIVERSITY <br /> Indus f al Extension Service <br /> t <br /> (Signature) <br /> Colleen Bridger (919)245- 412 <br /> Director Executive Director(or Designee) (919)515-5430 <br /> Orange County Health Department Industrial Extension Service <br /> 300 West Tryon Street NC State University Box 7902 <br /> Hillsborough,NC 27278 Raleigh,NC 27695 77902 <br /> Date V Date <br /> This instrument has been pro-audited in the <br /> manner required by the local Government <br /> Budget and Fiscal Control Act <br /> Clarence G.Grier,Assistant Co.Manager&CFO <br />