Common use of Colorado Open Records Clause in Contracts

Colorado Open Records. The Parties understand that all the material provided or produced under this Agreement, including items marked Proprietary or Confidential, may be subject to the Colorado Open Records Act., § 00-00-000, et seq., C.R.S. In the event of a request to Thornton for disclosure of such information, Xxxxxxxx shall advise Vendor of such request in order to give Vendor the opportunity to object to the disclosure of any of its documents which it marked as proprietary or confidential material. In the event of the filing of a lawsuit to compel such disclosure, Xxxxxxxx will tender all such material to the court for judicial determination of the issue of disclosure and Vendor agrees to intervene in such lawsuit to protect and assert its claims of privilege against disclosure of such material or waive the same. Vendor further agrees to defend, indemnify and save and hold harmless Xxxxxxxx, its officers, agents and employees, from any claim, damages, expense, loss or costs arising out of Vendor’s intervention to protect and assert its claim of privilege against disclosure under this Article, including but not limited to, prompt reimbursement to Xxxxxxxx of all reasonable attorney fees, costs and damages that Xxxxxxxx may incur directly or may be ordered to pay by such court.

Colorado Open Records. The Parties understand that all the material provided or produced under this Agreement, including items marked Proprietary or Confidential, may be subject to the Colorado Open Records Act., § 00-00-000, et seq., C.R.S. In the event of a request to Thornton Xxxxxxxx for disclosure of such information, Xxxxxxxx shall advise Vendor of such request in order to give Vendor the opportunity to object to the disclosure of any of its documents which it marked as proprietary or confidential material. In the event of the filing of a lawsuit to compel such disclosure, Xxxxxxxx will tender all such material to the court for judicial determination of the issue of disclosure and Vendor agrees to intervene in such lawsuit to protect and assert its claims of privilege against disclosure of such material or waive the same. Vendor further agrees to defend, indemnify and save and hold harmless Xxxxxxxx, its officers, agents and employees, from any claim, damages, expense, loss or costs arising out of Vendor’s intervention to protect and assert its claim of privilege against disclosure under this Article, including but not limited to, prompt reimbursement to Xxxxxxxx of all reasonable attorney fees, costs and damages that Xxxxxxxx may incur directly or may be ordered to pay by such court.