Common use of Claim for Exemption Clause in Contracts

Claim for Exemption. a. Within 10 days of signing this Agreement, Contractor shall notify Comptroller in writing of all Confidential Information contained in this Agreement that it claims may be exempt from public disclosure under FOIA. In making a request for protection of materials Contractor must specifically identify particular provisions, documents or parts of documents [sentences, paragraphs, pages, data compilations, or sections] that Contractor believes are exempt from disclosure under the FOIA by marking each as “CONFIDENTIAL” and provide an explanation and rationale sufficient to justify each exemption claimed under FOIA. The rationale and explanation must be stated in terms of the prospective harm that would result to the competitive position of Contractor if the identified material were to be released and reasons why the materials are legally exempt from release pursuant to the FOIA. b. Within ten (10) days of signing this Agreement, Contractor shall provide Comptroller with a copy of this Agreement in electronic format (CD, or DVD) from which all information asserted by Contractor to be Confidential has been redacted. Contractor acknowledges and agrees that in the event a FOIA request for disclosure of the Agreement is submitted, Comptroller may disclose such redacted copy without advance notice or objection. c. In the event that Comptroller receives a FOIA request for disclosure of Confidential Information contained in other documents relating to services performed by Contractor under this Agreement, Comptroller shall promptly notify Contractor so that it may have the opportunity (i) to submit within the time limit prescribed by FOIA for the Comptroller to respond, a sufficient justification, as described above in Section [E.3.a] above why the requested materials are exempt and should not be disclosed and under FOIA or (ii) should Comptroller indicate an intention to disclose the DocuSign Envelope ID: ECA2080F-F2BD-440A-B380-0243D9E67ACE requested materials, to seek a protective order or other similar relief. Comptroller has no obligation to initiate, prosecute or defend any legal proceeding or to seek a protective order or other similar relief to prevent disclosure of any information of Contractor that is sought pursuant to the FOIA. Contractor shall have the burden of establishing the availability of any FOIA exemption in any proceeding where it is an issue. d. Comptroller agrees that it will not release any information identified by Contractor as Confidential Information or claimed to be exempt from disclosure under FOIA without first providing notice to Contractor of such intent and allowing Contractor an opportunity to seek administrative or judicial relief to prevent such disclosure. If the Freedom of Information Commission or a court thereafter determines that the Comptroller is legally required to disclose such Confidential Information, Comptroller shall disclose the minimum required pursuant to such order.

Claim for Exemption. a. Within 10 days of signing this Agreement, Contractor shall notify Comptroller in writing of all Confidential Information contained in this Agreement that it claims may be exempt from public disclosure under FOIA. In making a request for protection of materials Contractor must specifically identify particular provisions, documents or parts of documents [sentences, paragraphs, pages, data compilations, or sections] that Contractor believes are exempt from disclosure under the FOIA by marking each as “CONFIDENTIAL” and provide an explanation and rationale sufficient to justify each exemption claimed under FOIA. The rationale and explanation must be stated in terms of the prospective harm that would result to the competitive position of Contractor if the identified material were to be released and reasons why the materials are legally exempt from release pursuant to the FOIA. b. Within ten (10) days of signing this Agreement, Contractor shall provide Comptroller with a copy of this Agreement in electronic format (CD, or DVD) from which all information asserted by Contractor to be Confidential has been redacted. Contractor acknowledges and agrees that in the event a FOIA request for disclosure of the Agreement is submitted, Comptroller may disclose such redacted copy without advance notice or objection. c. In the event that Comptroller receives a FOIA request for disclosure of Confidential Information contained in other documents relating to services performed by Contractor under this Agreement, Comptroller shall promptly notify Contractor so that it may have the opportunity (i) to submit within the time limit prescribed by FOIA for the Comptroller to respond, a sufficient justification, as described above in Section [E.3.a] above why the requested materials are exempt and should not be disclosed and under FOIA or (ii) should Comptroller indicate an intention to disclose the DocuSign Envelope ID: ECA2080F-F2BD-440A-B380-0243D9E67ACE requested materials, to seek a protective order or other similar relief. Comptroller has no obligation to initiate, prosecute or defend any legal proceeding or to seek a protective order or other similar relief to prevent disclosure of any information of Contractor that is sought pursuant to the FOIA. Contractor shall have the burden of establishing the availability of any FOIA exemption in any proceeding where it is an issue. d. Comptroller agrees that it will not release any information identified by Contractor as Confidential Information or claimed to be exempt from disclosure under FOIA without first providing notice to Contractor of such intent and allowing Contractor an opportunity to seek administrative or judicial relief to prevent such disclosure. If the Freedom of Information Commission or a court thereafter determines that the Comptroller is legally required to disclose such Confidential Information, Comptroller shall disclose the minimum required pursuant to such order.

Claim for Exemption. a. Within 10 days of signing this Agreement, Contractor shall notify Comptroller in writing of all Confidential Information contained in this Agreement that it claims may be exempt from public disclosure under FOIA. In making a request for protection of materials Contractor must specifically identify particular provisions, documents or parts of documents [sentences, paragraphs, pages, data compilations, or sections] that Contractor believes are exempt from disclosure under the FOIA by marking each as “CONFIDENTIAL” and provide an explanation and rationale sufficient to justify each exemption claimed under FOIA. The rationale and explanation must be stated in terms of the prospective harm that would result to the competitive position of Contractor if the identified material were to be released and reasons why the materials are legally exempt from release pursuant to the FOIA. b. Within ten (10) days of signing this Agreement, Contractor shall provide Comptroller with a copy of this Agreement in electronic format (CD, or DVD) from which all information asserted by Contractor to be Confidential has been redacted. Contractor acknowledges and agrees that in the event a FOIA request for disclosure of the Agreement is submitted, Comptroller may disclose such redacted copy without advance notice or objection. c. In the event that Comptroller receives a FOIA request for disclosure of Confidential Information contained in other documents relating to services performed by Contractor under this Agreement, Comptroller shall promptly notify Contractor so that it may have the opportunity (i) to submit within the time limit prescribed by FOIA for the Comptroller to respond, a sufficient justification, as described above in Section [E.3.a] above why the requested materials are exempt and should not be disclosed and under FOIA or (ii) should Comptroller indicate an intention to disclose the DocuSign Envelope ID: ECA2080F-F2BD-440A-B380-0243D9E67ACE requested materials, to seek a protective order or other similar relief. DocuSign Envelope ID: ED91CDCC-5F32-443F-B8A6-C6B5266F1BBA Comptroller has no obligation to initiate, prosecute or defend any legal proceeding or to seek a protective order or other similar relief to prevent disclosure of any information of Contractor that is sought pursuant to the FOIA. Contractor shall have the burden of establishing the availability of any FOIA exemption in any proceeding where it is an issue. d. Comptroller agrees that it will not release any information identified by Contractor as Confidential Information or claimed to be exempt from disclosure under FOIA without first providing notice to Contractor of such intent and allowing Contractor an opportunity to seek administrative or judicial relief to prevent such disclosure. If the Freedom of Information Commission or a court thereafter determines that the Comptroller is legally required to disclose such Confidential Information, Comptroller shall disclose the minimum required pursuant to such order.

Claim for Exemption. a. Within 10 days of signing this Agreement, Contractor shall notify Comptroller in writing of all Confidential Information contained in this Agreement that it claims may be exempt from public disclosure under FOIA. In making a request for protection of materials Contractor must specifically identify particular provisions, documents or parts of documents [sentences, paragraphs, pages, data compilations, or sections] that Contractor believes are exempt from disclosure under the FOIA by marking each as “CONFIDENTIAL” and provide an explanation and rationale sufficient to justify each exemption claimed under FOIA. The rationale and explanation must be stated in terms of the prospective harm that would result to the competitive position of Contractor if the identified material were to be released and reasons why the materials are legally exempt from release pursuant to the FOIA. b. Within ten (10) days of signing this Agreement, Contractor shall provide Comptroller with a copy of this Agreement in electronic format (CD, or DVD) from which all information asserted by Contractor to be Confidential has been redacted. Contractor acknowledges and agrees that in the event a FOIA request for disclosure of the Agreement is submitted, Comptroller may disclose such redacted copy without advance notice or objection. c. In the event that Comptroller receives a FOIA request for disclosure of Confidential Information contained in other documents relating to services performed by Contractor under this Agreement, Comptroller shall promptly notify Contractor so that it may have the opportunity (i) to submit within the time limit prescribed by FOIA for the Comptroller to respond, a sufficient justification, as described above in Section [E.3.a] above why the requested materials are exempt and should not be disclosed and under FOIA or (ii) should Comptroller indicate an intention to disclose the DocuSign Envelope ID: ECA2080F-F2BD-440A-B380-0243D9E67ACE requested materials, to seek a protective order or other similar relief. Comptroller has no obligation to initiate, prosecute or defend any legal proceeding or to seek a protective order or other similar relief to prevent disclosure of any information of Contractor that is sought pursuant to the FOIA. Contractor shall have the burden of establishing the availability of any FOIA exemption in any proceeding where it is an issue. d. Comptroller agrees that it will not release any information identified by Contractor as Confidential Information or claimed to be exempt from DocuSign Envelope ID: 99412057-D71B-408D-9265-8250A328AE5B disclosure under FOIA without first providing notice to Contractor of such intent and allowing Contractor an opportunity to seek administrative or judicial relief to prevent such disclosure. If the Freedom of Information Commission or a court thereafter determines that the Comptroller is legally required to disclose such Confidential Information, Comptroller shall disclose the minimum required pursuant to such order.

Claim for Exemption. a. i. Within 10 days of signing this Agreement, Contractor CVS Health shall notify Comptroller in writing of all Confidential Information contained in this Agreement that it claims may be exempt from public disclosure under FOIA. In making a request for protection of materials Contractor CVS Health must specifically identify particular provisions, documents or parts of documents [sentences, paragraphs, pages, data compilations, or sections] that Contractor CVS Health believes are exempt from disclosure under the FOIA by marking each as “CONFIDENTIAL” and provide an explanation and rationale sufficient to justify each exemption claimed under FOIA. The rationale and explanation must be stated in terms of the prospective harm that would result to the competitive position of Contractor CVS Health if the identified material were to be released and reasons why the materials are legally exempt from release pursuant to the FOIA. b. ii. Within ten (10) days of signing this Agreement, Contractor CVS Health shall provide Comptroller with a copy of this Agreement in electronic format (CD, or DVD) from which all information asserted by Contractor CVS Health to be Confidential has been redacted. Contractor CVS Health acknowledges and agrees that in the event a FOIA request for disclosure of the Agreement is submitted, Comptroller may disclose such redacted copy without advance notice or objection. c. iii. In the event that Comptroller CVS Health receives a FOIA request for disclosure of Confidential Information contained in other documents relating to services performed by Contractor CVS Health under this Agreement, Comptroller shall promptly notify Contractor CVS Health so that it may have the opportunity (i) to submit within the time limit prescribed by FOIA for the Comptroller to respond, a sufficient justification, as described above in Section [E.3.a] above why the requested materials are exempt and should not be disclosed and under FOIA or (ii) should Comptroller indicate an intention to disclose the DocuSign Envelope ID: ECA2080F-F2BD-440A-B380-0243D9E67ACE requested materials, to seek a protective order or other similar relief. Comptroller has no obligation to initiate, prosecute or defend any legal proceeding or to seek a protective order or other similar relief to prevent disclosure of any information of Contractor CVS Health that is sought pursuant to the FOIA. Contractor CVS Health shall have the burden of establishing the availability of any FOIA exemption in any proceeding where it is an issue. d. iv. Comptroller agrees that it will not release any information identified by Contractor CVS Health as Confidential Information or claimed to be exempt from disclosure under FOIA without first providing notice to Contractor CVS Health of such intent and allowing Contractor CVS Health an opportunity to seek administrative or judicial relief to prevent such disclosure. If the Freedom of Information Commission or a court thereafter determines that the Comptroller is legally required to disclose such Confidential Information, Comptroller shall disclose the minimum required pursuant to such order.

Claim for Exemption. a. Within 10 days of signing this Agreement, Contractor shall notify Comptroller in writing of all Confidential Information contained in this DocuSign Envelope ID: 1D737AE2-D7DC-4AA7-BFF2-52D9D31500C3 Agreement that it claims may be exempt from public disclosure under FOIA. In making a request for protection of materials Contractor must specifically identify particular provisions, documents or parts of documents [sentences, paragraphs, pages, data compilations, or sections] that Contractor believes are exempt from disclosure under the FOIA by marking each as “CONFIDENTIAL” and provide an explanation and rationale sufficient to justify each exemption claimed under FOIA. The rationale and explanation must be stated in terms of the prospective harm that would result to the competitive position of Contractor if the identified material were to be released and reasons why the materials are legally exempt from release pursuant to the FOIA. b. Within ten (10) days of signing this Agreement, Contractor shall provide Comptroller with a copy of this Agreement in electronic format (CD, or DVD) from which all information asserted by Contractor to be Confidential has been redacted. Contractor acknowledges and agrees that in the event a FOIA request for disclosure of the Agreement is submitted, Comptroller may disclose such redacted copy without advance notice or objection. c. In the event that Comptroller receives a FOIA request for disclosure of Confidential Information contained in other documents relating to services performed by Contractor under this Agreement, Comptroller shall promptly notify Contractor so that it may have the opportunity (i) to submit within the time limit prescribed by FOIA for the Comptroller to respond, a sufficient justification, as described above in Section [E.3.a] above why the requested materials are exempt and should not be disclosed and under FOIA or (ii) should Comptroller indicate an intention to disclose the DocuSign Envelope ID: ECA2080F-F2BD-440A-B380-0243D9E67ACE requested materials, to seek a protective order or other similar relief. Comptroller has no obligation to initiate, prosecute or defend any legal proceeding or to seek a protective order or other similar relief to prevent disclosure of any information of Contractor that is sought pursuant to the FOIA. Contractor shall have the burden of establishing the availability of any FOIA exemption in any proceeding where it is an issue. d. Comptroller agrees that it will not release any information identified by Contractor as Confidential Information or claimed to be exempt from disclosure under FOIA without first providing notice to Contractor of such intent and allowing Contractor an opportunity to seek administrative or judicial relief to prevent such disclosure. If the Freedom of Information Commission or a court thereafter determines that the Comptroller is legally required to disclose such Confidential Information, Comptroller shall disclose the minimum required pursuant to such order.

Claim for Exemption. a. Within 10 days of signing this Agreement, Contractor shall notify Comptroller in writing of all Confidential Information contained in this Agreement that it claims may be exempt from public disclosure under FOIA. In making a request for protection of materials Contractor must specifically identify particular provisions, documents or parts of documents [sentences, paragraphs, pages, data compilations, or sections] that Contractor believes are exempt from disclosure under the FOIA by marking each as “CONFIDENTIAL” and provide an explanation and rationale sufficient to justify each exemption claimed under FOIA. The rationale and explanation must be stated in terms of the prospective harm that would result to the competitive position of Contractor if the identified material were to be released and reasons why the materials are legally exempt from release pursuant to the FOIA. b. Within ten (10) days of signing this Agreement, Contractor shall provide Comptroller with a copy of this Agreement in electronic format (CD, or DVD) from which all information asserted by Contractor to be Confidential has been redacted. Contractor acknowledges and agrees that in the event a FOIA request for disclosure of the Agreement is submitted, Comptroller may disclose such redacted copy without advance notice or objection.. DocuSign Envelope ID: E287E3B9-1F78-4C42-B20B-404876BB92AA c. In the event that Comptroller receives a FOIA request for disclosure of Confidential Information contained in other documents relating to services performed by Contractor under this Agreement, Comptroller shall promptly notify Contractor so that it may have the opportunity (i) to submit within the time limit prescribed by FOIA for the Comptroller to respond, a sufficient justification, as described above in Section [E.3.a] above why the requested materials are exempt and should not be disclosed and under FOIA or (ii) should Comptroller indicate an intention to disclose the DocuSign Envelope ID: ECA2080F-F2BD-440A-B380-0243D9E67ACE requested materials, to seek a protective order or other similar relief. Comptroller has no obligation to initiate, prosecute or defend any legal proceeding or to seek a protective order or other similar relief to prevent disclosure of any information of Contractor that is sought pursuant to the FOIA. Contractor shall have the burden of establishing the availability of any FOIA exemption in any proceeding where it is an issue. d. Comptroller agrees that it will not release any information identified by Contractor as Confidential Information or claimed to be exempt from disclosure under FOIA without first providing notice to Contractor of such intent and allowing Contractor an opportunity to seek administrative or judicial relief to prevent such disclosure. If the Freedom of Information Commission or a court thereafter determines that the Comptroller is legally required to disclose such Confidential Information, Comptroller shall disclose the minimum required pursuant to such order.