Media Disposal Procedure

Media Disposal Procedure

Parties

Recitals

WHEREAS, Provider is engaged in the business of secure destruction, data sanitization, and physical disposal of electronic and magnetic media in accordance with industry-accepted standards; and

WHEREAS, Client desires Provider to perform media disposal services for certain media and storage devices containing Client Data, and Provider agrees to perform such services under the terms and conditions set forth in this Procedure; and

WHEREAS, the parties agree to document the procedure, chain-of-custody, disposition method, and related obligations as a binding administrative procedure governing specific disposal events.

Scope of Work

Provider shall perform secure media disposal services for the media described below and for any additional media the parties may mutually designate in writing. Services include secure collection, transport, sanitization or destruction, documentation of chain-of-custody, and final certification of disposition.

Media Types and Methods

Select media types subject to this disposal event and the permitted disposition method(s):

Procedure Steps and Chain of Custody

All media shall be handled in accordance with the following minimum steps. Deviations require prior written authorization from Client.

1. Identification and tagging of each media item with unique identifier, recorded in chain-of-custody log.
2. Secure transport using locked containers with tamper-evident seals to Provider facility or documented onsite destruction location.
3. Execution of sanitization or destruction method appropriate to media type and Client data sensitivity. Provider shall use methods that render data irrecoverable.
4. Final verification, certification of destruction, and delivery of disposition certificate and chain-of-custody log to Client within the period specified below.
5. Retention of disposition records by Provider for the retention period specified in this Procedure and subject to audit by Client as provided herein.

Payment Terms

Client shall pay Provider the fees set forth below for the services performed under this Procedure. Fees shall be invoiced in accordance with the agreed schedule.

Term and Termination

This Procedure shall commence on the Start Date and shall continue until the End Date unless earlier terminated as provided below.

Either party may terminate this Procedure for material breach if the breach remains uncured thirty (30) days after written notice. Termination for convenience by Client requires the notice period above and payment for services performed up to the effective termination date, including reasonable demobilization costs.

Confidentiality

Provider shall treat all Client Data and any information about Client media, inventories, and disposition methods as Confidential Information. Provider shall not disclose Confidential Information except to its employees or subcontractors who have a need to know and who are bound by confidentiality obligations at least as protective as those contained herein. Provider shall implement and maintain administrative, technical, and physical safeguards appropriate to the sensitivity of the Client Data to prevent unauthorized access or disclosure prior to destruction.

Recordkeeping and Audit Rights

Provider shall retain chain-of-custody records, disposition certificates, and supporting documentation for a minimum of three (3) years following disposition, or longer if required by applicable law or contractual obligation. Client shall have the right, upon reasonable notice and during normal business hours, to audit Provider's records relating to the disposal events described herein to verify compliance with this Procedure.

Governing Law

This Procedure shall be governed by and construed in accordance with the laws of the state specified below without regard to its conflicts of law principles.

Indemnification

Provider shall indemnify and hold harmless Client from and against any third-party claims, liabilities, damages, and expenses arising from Provider's willful misconduct or gross negligence in performing the disposal services. Client shall indemnify Provider for claims arising from Client-supplied instructions that are unlawful or for Client's breach of representations herein.

Entire Agreement

This Procedure, together with any attachments or schedules executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. Any amendment must be in writing and signed by authorized representatives of both parties.

Notices

All notices required or permitted under this Procedure shall be in writing and shall be deemed delivered when delivered in person, by certified mail return receipt requested, or by nationally recognized overnight courier to the addresses set forth in the Parties section, or to such other address designated in writing by a party.

Execution

The individuals signing below represent and warrant that they are authorized to bind their respective parties to this Procedure.

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