premise: All documents and other tangible objects containing or representing Confidential Information and all copies thereof which are in the possession of DISCLOSEE shall be and remain the property of NUSD and shall be promptly returned or destroyed upon NUSD’s request.  Documents prepared by DISCLOSEE using Confidential Information, or derived therefrom, shall be destroyed upon request of NUSD.  Written confirmation of destruction of Confidential Information as requested by NUSD shall be provided by DISCLOSEE to NUSD. 5. Rights and Remedies (a) DISCLOSEE shall notify NUSD immediately upon discovery of any unauthorized use or disclosure of Confidential Information and/or Materials, or any other breach of this Agreement by DISCLOSEE, and will cooperate with NUSD in every reasonable way to help NUSD regain possession of the Confidential Information and/or Materials and prevent its further unauthorized use.  DISCLOSEE shall, upon request, provide opportunity for NUSD, or the owner of information such as a student or student’s parent/guardian, to review, update, and or correct erroneous information contained in any pupil records.  DISCLOSEE shall assist NUSD in the notification of students and parents/guardians in the event of unauthorized disclosure of pupil records. (b) DISCLOSEE acknowledges that monetary damages may not be a sufficient remedy for unauthorized disclosure of Confidential Information and that NUSD shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction. 6. Miscellaneous (b) NUSD and the DISCLOSEE are jointly responsible for ensuring the protection of personally identifiable student information in compliance with the Family Rights and Privacy Act (FERPA).  The DISCLOSEE acknowledges that it shall not take any action that may cause the DISCLOSEE or NUSD to be out of compliance with FERPA, California Education Code 49073.1, or NUSD Board Policy 5125. (c) All Confidential Information and Materials are and shall remain the property of NUSD.  By disclosing information to DISCLOSEE, NUSD does not grant any express or implied right to DISCLOSEE to or under NUSD Confidential Information and Materials.  Further, the delivery and disclosure of Confidential Information and Materials does not constitute a License permitting DISCLOSEE to use said Information and/or Materials for any purpose other than that allowed by NUSD as specified above.