Common use of Claim of Confidentiality Clause in Contracts

Claim of Confidentiality. Confidential, trade secret or proprietary materials, as defined by the laws of the State of New York, (“Confidential Information”), must be clearly marked and identified as such upon submission. If Xxxxxx intends to seek an exemption from disclosure of these materials under Freedom of Information Law (“FOIL”), Xxxxxx must request the exemption in writing, setting forth the reasons for the claimed exemption, at the time of submission or as required to address requests for materials under Freedom of Information Law. Acceptance of the claimed materials does not constitute a determination on the exemption request, which determination shall be made in accordance with statutory procedures. Nothing in this Agreement is intended or shall be construed to waive Xxxxxx’s right to claim that a communication or document is covered by a legally recognized privilege, including but not limited to the claim of attorney-client privilege.