Common use of Confidentiality and Release of Information Clause in Contracts

Confidentiality and Release of Information. All information gained or work product produced by Consultant in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant immediately gives City notice of such court order or subpoena. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. As concerning, regarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant, however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

Confidentiality and Release of Information. All information gained or work product produced by Consultant Contractor in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to ConsultantContractor. Consultant Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from Citythe Contract Officer. ConsultantContractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “"voluntary” " provided Consultant immediately Contractor gives City notice of such court order or subpoena. If ConsultantContractor, or any officer, employee, agent or subcontractor of ConsultantContractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant Contractor for any damages, costs and fees, including attorney’s attorneys fees, caused by or incurred as a result of ConsultantContractor’s conduct. As concerning, regarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant Contractor shall immediately promptly notify City should ConsultantContractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions admiss­ions or other discovery request, court order or subpoena from any party; b) party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant Contractor or be present at any deposition, hearing or similar proceeding; and, c) Consultant . Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant, howeverContractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.. ENFORCEMENT OF AGREEMENT AND TERMINATION

Confidentiality and Release of Information. All information gained or work product produced by Consultant the Contractor in its performance of this Agreement shall be considered confidential, held confidential by the Contractor unless such information is in the public domain or already known to Consultantthe Contractor. Consultant The Contractor shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from Citythe City Manager (or his or her designee). ConsultantThe Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work services performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary.” provided Consultant immediately gives City notice of such court order or subpoena. If Consultantthe Contractor, or any officer, employee, employee or agent or subcontractor of Consultantthe Contractor, provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant the Contractor for any damages, costs and fees, including attorney’s attorneys’ fees, caused by or incurred as a result of Consultantthe Contractor’s conduct. As concerning, regarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant The Contractor shall immediately notify the City should Consultantthe Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party; b) party regarding this Agreement and the services performed pursuant to this Agreement. The City retains the right, but has no obligation, to represent Consultant the Contractor or be present at any deposition, hearing or similar proceeding; and, c) Consultant . The Contractor agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant, howeverthe Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, direct or rewrite said the response.