Evaluation Data Form

Evaluation Data Form

Client Name:

Evaluator Name:

Project Title:

Recitals

WHEREAS, Client requires evaluation services and related data processing necessary to assess certain programs, systems, or products described in this form; and

WHEREAS, Evaluator possesses the expertise, personnel, and technical capacity to perform evaluation services and to collect, analyze, and report data in accordance with the terms set forth herein; and

NOW, THEREFORE, in consideration of the mutual covenants contained in this Evaluation Data Form and any subsequent agreement executed by the parties, Client and Evaluator agree as follows.

Scope of Work

Data Collection and Sources

Data Sources (check all that apply):

Transactional data    Demographic data    Behavioral data

Sensor or telemetry data    Third-party data    Other:

Data Fields Inventory

For each field to be collected, identify name, data type, whether it contains personally identifiable information (PII), and retention period.

Payment Terms

Fee Amount:

Invoices shall be due within calendar days of receipt. Late payments shall incur a late fee equal to on the outstanding balance, or the maximum permitted by law, whichever is less.

Term and Termination

Effective Date:    End Date:

Either party may terminate this engagement for convenience upon written notice to the other party given not less than days prior to the intended termination date. Either party may terminate immediately for cause upon written notice if the other party materially breaches an obligation under this form and fails to cure such breach within 15 days following receipt of written notice specifying the breach. Termination shall not relieve Client of the obligation to pay for services performed and expenses incurred prior to termination.

Confidentiality

Each party shall treat as confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably ought to be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Confidential Information shall not include information that is (a) known to the receiving party prior to disclosure without obligation of confidentiality, (b) publicly known through no wrongful act of the receiving party, (c) rightfully received from a third party without breach of any obligation of confidentiality, or (d) independently developed by the receiving party without reference to the disclosing party's Confidential Information.

The receiving party shall use Confidential Information solely for the purposes of performing obligations under this form and shall restrict access to employees, agents, and subcontractors who have a need to know and who are bound by confidentiality obligations no less protective than those set forth herein. Upon termination or expiration, the receiving party shall, at the disclosing party's election, return or securely destroy Confidential Information and certify such destruction in writing.

Data Security and Breach Notification

Evaluator shall implement and maintain administrative, technical, and physical safeguards appropriate to the sensitivity of the data to protect against unauthorized access, disclosure, alteration, or destruction of Client data.

Security measures (select applicable):

Encryption at rest    Encryption in transit    Role-based access controls

In the event of a confirmed data breach affecting Client data, Evaluator shall notify Client without unreasonable delay and, in any event, within of discovery of the breach, provide details of the incident and cooperate with Client in investigation and remediation.

Data Retention and Disposal

Unless otherwise agreed in writing, Evaluator shall retain evaluation data only for the retention periods specified in the Data Fields Inventory and shall securely delete or destroy Client data promptly upon expiration of the applicable retention period or earlier upon Client's written request. Method of disposal shall render data unrecoverable and shall be certified upon Client request.

Governing Law; Entire Agreement

This Evaluation Data Form shall be governed by and construed in accordance with the laws of the state specified by the parties. Any disputes arising under this form shall be resolved in the state and federal courts located in the agreed jurisdiction unless otherwise mutually agreed in writing.

This form constitutes the entire agreement between Client and Evaluator with respect to the subject matter herein and supersedes all prior and contemporaneous agreements, understandings, and communications, whether written or oral. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

Additional Certifications

By signing below, each party certifies that it has the authority to enter into this Evaluation Data Form and that the information provided on this form is true and accurate to the best of its knowledge.

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