Common use of Colorado Open Records Act Clause in Contracts

Colorado Open Records Act. A. The Concessionaire acknowledges that the City is subject to the provisions of the Colorado Open Records Act, Colorado Revised Statutes §00-00-000 et seq., and all documents prepared or provided by Concessionaire under this Agreement may be subject to the provisions of the Colorado Open Records Act. Any other provision of this Agreement notwithstanding, including exhibits, attachments and other documents incorporated into this Agreement by reference, all materials, records and information provided by the Concessionaire to the City shall be considered confidential by the City only to the extent provided in the Open Records Act and the Concessionaire agrees that any disclosure of information by the City consistent with the provisions of the Open Records Act shall result in no liability of the City. The Concessionaire agrees that it will fully cooperate with the City in the event of a request for disclosure of such documents or a lawsuit arising under such act for the disclosure of any documents or information, which the Concessionaire asserts, is confidential and exempt from disclosure. B. In the event of a request to the City for disclosure of such information, time and circumstances permitting, the City will make a good faith effort to advise the Concessionaire of such request in order to give the Concessionaire the opportunity to object to the disclosure of any of material the Concessionaire may consider confidential, proprietary or otherwise exempt from disclosure. In the event of the filing of a lawsuit to compel disclosure, the City will tender all such material to the court for judicial determination of the issue of disclosure and the Concessionaire agrees it will either intervene in such lawsuit to protect materials the Concessionaire does not wish disclosed, or waive any claim of privilege or confidentiality. If the Concessionaire chooses to intervene in such a lawsuit and oppose disclosure of any materials, the Concessionaire agrees to defend, indemnify, and save and hold harmless the City, its officers, agents, and employees, from any claim, damages, expense, loss or costs arising out of the Concessionaire’s intervention including, but not limited to, prompt reimbursement to the City of all reasonable attorney fees, costs and damages that the City may incur directly or may be ordered to pay by such court.

Colorado Open Records Act. A. The Concessionaire Tenant acknowledges that the City is subject to the provisions of the Colorado Open Records ActAct ("XXXX"), Colorado Revised Statutes C.R.S. §§ 00-00-000 et seq., and all documents prepared Xxxxxx agrees that it will fully cooperate with the City in the event of a request or provided by Concessionaire lawsuit arising under this Agreement may be subject to such act for the provisions disclosure of the Colorado Open Records Actany materials or information which Tenant asserts is confidential or otherwise exempt from disclosure. Any other provision of this Agreement notwithstanding, including exhibits, attachments and other documents incorporated into this Agreement by reference, all materials, records records, and information provided by the Concessionaire Tenant to the City shall be considered confidential by the City only to the extent provided in the Open Records Act XXXX, and the Concessionaire Xxxxxx agrees that any disclosure of information by the City consistent with the provisions of the Open Records Act XXXX shall result in no liability of the City. The Concessionaire agrees that it will fully cooperate with the City in the event of a request for disclosure of such documents or a lawsuit arising under such act for the disclosure of any documents or information, which the Concessionaire asserts, is confidential and exempt from disclosure. B. In the event of a request to the City for disclosure of such information, time and circumstances permitting, the City will make a good faith effort to advise the Concessionaire Tenant of such request in order to give the Concessionaire Tenant the opportunity to object to the disclosure of any of material the Concessionaire Tenant may consider confidential, proprietary proprietary, or otherwise exempt from disclosure. In the event Tenant objects to disclosure, the City, in its sole and absolute discretion, may file an application to the Denver District Court for a determination of whether disclosure is required or exempted. In the filing of event a lawsuit to compel disclosuredisclosure is filed, the City will may tender all such material to the court for judicial determination of the issue of disclosure and the Concessionaire disclosure. In both situations, Xxxxxx agrees it will either intervene in such lawsuit to protect materials the Concessionaire does not wish disclosed, or waive any claim of privilege or confidentiality. If the Concessionaire chooses to confidentiality or intervene in such a lawsuit and oppose disclosure of any materials, the Concessionaire legal process to protect materials Tenant does not wish disclosed. Tenant agrees to defend, indemnify, and save and hold harmless the City, its officers, agents, and employees, employees from any claim, damages, expense, loss loss, or costs arising out of the ConcessionaireTenant’s intervention includingobjection to disclosure, but not limited to, including prompt reimbursement to the City of all reasonable attorney attorney’s fees, costs costs, and damages that the City may incur directly or may be ordered to pay by such court, including but not limited to time expended by the City Attorney Staff, whose costs shall be computed at the rate of two hundred dollars and no cents ($200.00) per hour of City Attorney time.

Colorado Open Records Act. A. The Concessionaire Provider acknowledges that the City is subject to the provisions of the Colorado Open Records Act, Colorado Revised Statutes §§ 00-00-000 et seq., and all documents prepared Provider agrees that it will fully cooperate with City in the event of a request or provided by Concessionaire legal process arising under this Agreement may be subject to such act for the provisions disclosure of the Colorado Open Records Actany materials or information which Provider asserts is confidential and exempt from disclosure. Any other provision of this Agreement notwithstanding, including exhibits, attachments and other documents incorporated into this Agreement by reference, all materials, records and information provided by the Concessionaire Provider to the City shall be considered confidential by the City only to the extent provided in the Open Records Act Act, and the Concessionaire Provider agrees that any disclosure of information by the City consistent with the provisions of the Open Records Act shall result in no liability of the City. The Concessionaire agrees that it will fully cooperate with the City in the event of a request for disclosure of such documents or a lawsuit arising under such act for the disclosure of any documents or information, which the Concessionaire asserts, is confidential and exempt from disclosure. B. In the event of a request to the City for disclosure of such information, time time, and circumstances permitting, the City will make a good faith effort to advise the Concessionaire Provider of such request in order to give the Concessionaire Provider the opportunity to object to the disclosure of any of material the Concessionaire Provider may consider confidential, proprietary proprietary, or otherwise exempt from disclosure. In the event Provider objects to disclosure, City, in its sole and absolute discretion, may file an application to the Denver District Court for a determination of whether disclosure is required or exempted. In the filing of event a lawsuit to compel disclosuredisclosure is filed prior to City’s application, the City will tender all such material to the court for judicial determination of the issue of disclosure and the Concessionaire disclosure. In both situations, Provider agrees it will either intervene in such lawsuit to protect materials the Concessionaire does not wish disclosed, or waive any claim of privilege or confidentiality. If the Concessionaire chooses to confidentiality or intervene in such a lawsuit and oppose disclosure of any materials, the Concessionaire legal process to protect materials Provider does not wish disclosed. Provider agrees to defend, indemnify, and save and hold harmless the City, its officers, agents, and employees, employees from any claim, damages, expense, loss loss, or costs arising out of the ConcessionaireProvider’s intervention includingobjection to disclosure, but not limited to, including prompt reimbursement to the City of all reasonable attorney fees, costs costs, and damages that the City may incur directly or may be ordered to pay by such court.