K-5 - Memorandum of Understanding for Setoff

3.7.4 The Participating Agency shall provide evidence that the refund was issued to IDR upon request. ARTICLE IV CONFIDENTIALITY AND OWNERSHIP OF DATA 4.1 To the extent allowed by applicable law, the Participating Agency shall be considered the custodian of records related to the Debt and any Data submitted in relation to the Debt. Participating Agency shall respond to any open records request filed under chapter 22, regarding Participating Agency’s Debt in the Program. 4.2 Obligor Information submitted to the Program is confidential and exempt from release under Iowa Code chapter 22. Iowa Code section 421.65(2)(a). Obligor Information is not confidential taxpayer information or return information under Iowa Code section 422.20 or 422.72. 4.3 IDR may use Obligor Information to support the Program generally. Obligor Information received from one participating agency or credit vendor may be used to assist the Program as it applies to any other participating agency or credit vendor. 4.4 Obligor Directory Information may be used to update IDR’s tax information system, and will be used to benefit tax administration, non-tax debt collection, identification services, and the Program. 4.5 Notwithstanding Section 4.4 above, Obligor Information shall only be available to persons with a business reason to access the information. ARTICLE V DURATION AND TERMINATION 5.1 Duration. 5.1.1 This Agreement shall be in force upon this document being fully signed (the "Effective Date"). 5.1.2 The initial term of this Agreement shall be three (3) years from the Effective Date, unless terminated earlier. By mutual written agreement, the parties may annually extend the Agreement for up to three (3) additional one-year terms. 5.1.3 This Agreement memorializes all elements of this Agreement and supersedes any previous Agreement or negotiations related to this Agreement, whether oral or in writing. Amendments to the provisions of this Agreement may be made at any time only in writing and by the agreement and signature of all parties hereto. 5.2 Termination. 5.2.1 Termination for Cause by IDR. IDR may terminate this Agreement upon written notice of the Participating Agency’s breach of any material term, condition, or provision of this Agreement, if such breach is not cured within the time period specified in IDR’s notice of breach or any subsequent notice or correspondence delivered by IDR to Participating Agency, provided that cure is feasible. In addition, IDR may terminate this Agreement effective immediately without penalty or legal liability and without advance notice or opportunity to cure for any of the following reasons: 5.2.1.1 Participating Agency, directly or indirectly, furnished any statement, representation, warranty, or certification in connection with this Agreement that is false, deceptive, or materially incorrect or incomplete; 5.2.1.2 Participating Agency’s or Participating Agency Contractor’s officers, directors, employees, agents, subsidiaries, affiliates, contractors, or subcontractors has committed or engaged in fraud, misappropriation, embezzlement, malfeasance, misfeasance, or bad faith; 5.2.1.3 Dissolution of Participating Agency or any parent or affiliate of Participating Agency owning a controlling interest in Participating Agency; 5.2.1.4 IDR determines or believes Participating Agency has engaged in conduct that has or may expose IDR to material liability;