West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-07 - Confidential Information Under Water Resources Protection Act › Appendix B

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Department of Environmental Protection
Non-Disclosure Agreement
This agreement dated the _____ day of _________, 200__ is
				  made between the West Virginia Department of Environmental Protection
				  ("Disclosing Party") and _______________________ ("Receiving Party") for the
				  release of confidential information identified in the attached "Description of
				  Intent" form.
1. Receiving Party agrees to use confidential information
				  only for the reasons outlined on the "Description of Intent" form.
2. For confidential information received from Disclosing
				  Party, Receiving Party agrees that each employee, temporary employee,
				  contractor, subcontractor, agent or any other individual who is provided with
				  confidential information shall take appropriate measures to safeguard such
				  information and to protect against its improper disclosure, including, but not
				  limited to, the following measures:
(a) Confidential information will be opened only by persons
				  authorized by Receiving Party to handle the information.
(b) Only those employees of Receiving Party whose activities
				  necessitate access to confidential information may open any envelope or file
				  which is marked "CONFIDENTIAL."
(c) Receiving Party shall store any records containing
				  confidential information only in secure rooms; provided, however, that if such
				  records are in a form which is not amenable to such storage, Receiving Party
				  shall store such records in a manner which similarly restricts access by
				  persons to whom disclosure of the confidential information in question is
				  restricted.
(d) Receiving Party shall take every reasonable precaution to
				  safeguard the integrity of confidential electronic data.
(e) Receiving Party shall maintain a record of all persons
				  obtaining access to confidential information, including the date and time of,
				  and the reasons for, the access.
(f) Any records made, possessed, or controlled by Receiving
				  Party, and containing confidential information, shall contain indicators
				  identifying the confidential information.
Obligations of parties under this Agreement shall not apply
				  to information that:
was already lawfully in the public domain when disclosed; or
				  subsequently lawfully enters into the public domain when disclosed; or
				  subsequently lawfully enters into the public domain other than through
				  disclosure by the Receiving Party;
was already lawfully in the possession of or known by the
				  Receiving Party free of any obligation at the time disclosed to the Receiving
				  Party;
is rightfully received by the Receiving Party from a third
				  party without a duty of confidentiality;
is developed independently by the Receiving Party without use
				  of the confidential information; or is disclosed pursuant to judicial or
				  governmental order, provided that the Receiving Party notifies Disclosing Party
				  so that an adequate opportunity is given to respond to such order.
4. Receiving Party agrees, upon the written request of
				  Disclosing Party, to return to Disclosing Party all confidential information
				  and confidential materials provided by Disclosing Party.
5. Receiving Party agrees, upon the written request of
				  Disclosing Party, to provide Disclosing Party with analyses, studies,
				  compilations, copies, extracts, reproductions, computer data, memoranda and
				  notes and other writings prepared by Receiving Party based on or containing any
				  of the confidential information.
6. Failure by either party to enforce any provision of this
				  Agreement will not be deemed a waiver of future enforcement of that or any
				  other provision. Any modifications to this Agreement must be made in writing
				  and must be signed by both parties.
This Agreement constitutes the entire understanding between
				  both parties regarding the release of the confidential information and merges
				  all prior agreements between them relating to this information and its
				  use.
IN WITNESS WHEREOF, the parties hereto have executed this
				  Agreement.
(Receiving Party) West Virginia Department of Environmental
				  Protection
By: ___________________________
				  By:___________________________
Name: Name:
Title: Title:
Date: Date: