Common use of CONFIDENTIAL/TRADE SECRET MATERIALS Clause in Contracts

CONFIDENTIAL/TRADE SECRET MATERIALS. Confidential, trade secret or proprietary materials as defined by the laws of the State of New York must be clearly marked and identified as such upon submission. If Consultant intends to seek an exemption from disclosure of these materials under Freedom of Information Law, Consultant 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 any Party’s right to claim that a communication or document is covered by a legally recognized privilege, including but not limited to the attorney client privilege.