Common use of CONFIDENTIALITY OF DATA Clause in Contracts

CONFIDENTIALITY OF DATA. 23.1 All financial, statistical, personal, technical, or other data and information relative to the Department’s operations, which is designated confidential by the Department and made available to the Construction Manager in order to carry out this Preconstruction Services Contract, shall be protected by the Construction Manager from unauthorized use and disclosure. 23.2 Permission to disclose information on one occasion or public hearing held by the Department relating to this Preconstruction Services Contract shall not authorize the Construction Manager to further disclose such information or disseminate the same on any other occasion. 23.3 The Construction Manager shall not comment publicly to the press or any other media regarding this Preconstruction Services Contract or the Department’s actions on the same, except to the Department’s staff, Construction Manager’s own personnel involved in the performance of this Preconstruction Services Contract, at public hearings, or in response to questions from a Legislative committee. 23.4 The Construction Manager shall not issue any news release or public relations item of any nature whatsoever regarding work performed or to be performed under this Preconstruction Services Contract without prior review of the contents thereof by the Department and receipt of the Department’s written permission. 23.5 All information related to the construction estimate is confidential and shall not be disclosed by the Construction Manager to any entity, other than the Department. 23.6 Subject to the California Records Act (California Government Code §§ 6250 et seq.), the Department has taken measures to protect the confidentiality of the negotiations related to the construction estimate. Every person involved in the process shall sign a confidentiality and nondisclosure agreement. However, under no circumstances will the Department be responsible or liable to the Construction Manager or any other party as a result of disclosing any materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Department or its respective officers, employees, contractors, or consultants. 23.7 In the event Department is requested to disclose any of the materials identified by the Construction Manager as confidential, Department will promptly notify the Construction Manager so that Proposer may seek a protective order or other appropriate remedy. If the Construction Manager wishes to protect the materials from disclosure, the Construction Manager shall seek court protection immediately on an emergency basis. In the event that such protective order or other remedy is not sought by the Construction Manager within seven (7) days after the Construction Manager receives notice from Department, Department will be free to release the requested information. Department will consider the Construction Manager to have waived any claim of confidentiality and exemption from public disclosure for any materials not identified as confidential. Construction Managers are advised to consult with their legal counsel regarding the scope and provisions of the Public Records Act.

CONFIDENTIALITY OF DATA. 23.1 A. All financial, statistical, personal, technical, or other data and information relative to the DepartmentCOUNTY’s operations, which is are designated confidential by the Department COUNTY and made available to the Construction Manager A-E in order to carry out this Preconstruction Services ContractCONTRACT, shall be protected by the Construction Manager A-E from unauthorized use and disclosure. 23.2 B. Permission to disclose information on one occasion occasion, or public hearing held by the Department COUNTY relating to this Preconstruction Services Contract the CONTRACT, shall not authorize the Construction Manager A-E to further disclose such information information, or disseminate the same on any other occasion. 23.3 The Construction Manager C. A-E shall not comment publicly to the press or any other media regarding this Preconstruction Services Contract the CONTRACT or the DepartmentCOUNTY’s actions on the same, except to the DepartmentCOUNTY’s staff, Construction ManagerA-E’s own personnel involved in the performance of this Preconstruction Services ContractCONTRACT, at public hearings, or in response to questions from a Legislative committee. 23.4 The Construction Manager D. A-E shall not issue any news release or public relations item of any nature whatsoever nature, whatsoever, regarding work performed or to be performed under this Preconstruction Services Contract CONTRACT without prior review of the contents thereof by the Department COUNTY, and receipt of the Department’s COUNTY’S written permission. 23.5 E. All information related to the construction estimate is confidential confidential, and shall not be disclosed by the Construction Manager A-E to any entity, other than the Department. 23.6 Subject to the California Records Act (California Government Code §§ 6250 et seq.)COUNTY, the Department has taken measures to protect the confidentiality Caltrans, and/or FHWA. All of the negotiations related materials prepared or assembled by A-E pursuant to performance of this CONTRACT are confidential and A-E agrees that they shall not be made available to any individual or organization without the construction estimateprior written approval of COUNTY or except by court order. Every person involved in the process shall sign a confidentiality and nondisclosure agreement. However, under no circumstances will the Department be responsible or liable to the Construction Manager If A-E or any other party as a result of disclosing any materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Department or its respective officers, employees, contractorsor subcontractors does voluntarily provide information in violation of this CONTRACT, or consultants. 23.7 In COUNTY has the event Department is requested right to disclose any of the materials identified by the Construction Manager as confidential, Department will promptly notify the Construction Manager so that Proposer may seek a protective order or other appropriate remedy. If the Construction Manager wishes to protect the materials reimbursement and indemnity from disclosure, the Construction Manager shall seek court protection immediately on an emergency basis. In the event that such protective order or other remedy is not sought by the Construction Manager within seven (7) days after the Construction Manager receives notice from Department, Department will be free to release the requested information. Department will consider the Construction Manager to have waived any claim of confidentiality and exemption from public disclosure A-E for any materials damages caused by A-E releasing the information, including, but not identified as confidential. Construction Managers are advised to consult with their legal counsel regarding the scope limited to, COUNTY’s attorney’s fees and provisions of the Public Records Actdisbursements, including without limitation experts’ fees and disbursements.

CONFIDENTIALITY OF DATA. 23.1 A. All financial, statistical, personal, technical, or other data and information relative to the DepartmentLOCAL AGENCY’s operations, which is are designated confidential by the Department LOCAL AGENCY and made available to the Construction Manager CONSULTANT in order to carry out this Preconstruction Services ContractAGREEMENT, shall be protected by the Construction Manager CONSULTANT from unauthorized use and disclosure. 23.2 B. Permission to disclose information on one occasion occasion, or public hearing held by the Department LOCAL AGENCY relating to this Preconstruction Services Contract the AGREEMENT, shall not authorize the Construction Manager CONSULTANT to further disclose such information information, or disseminate the same on any other occasion. 23.3 The Construction Manager C. CONSULTANT shall not comment publicly to the press or any other media regarding this Preconstruction Services Contract the AGREEMENT or the DepartmentLOCAL AGENCY’s actions on the same, except to the DepartmentLOCAL AGENCY’s staff, Construction ManagerCONSULTANT’s own personnel involved in the performance of this Preconstruction Services ContractAGREEMENT, at public hearings, or in response to questions from a Legislative committee. 23.4 The Construction Manager D. CONSULTANT shall not issue any news release or public relations item of any nature whatsoever nature, whatsoever, regarding work performed or to be performed under this Preconstruction Services Contract AGREEMENT without prior review of the contents thereof by the Department LOCAL AGENCY, and receipt of the Department’s LOCAL AGENCY’S written permission. 23.5 E. All information related to the construction estimate is confidential confidential, and shall not be disclosed by the Construction Manager CONSULTANT to any entity, other than the Department. 23.6 Subject to the California Records Act (California Government Code §§ 6250 et seq.)LOCAL AGENCY, the Department has taken measures to protect the confidentiality Caltrans, and/or FHWA. All of the negotiations related materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the construction estimateprior written approval of City or except by court order. Every person involved in the process shall sign a confidentiality and nondisclosure agreement. However, under no circumstances will the Department be responsible or liable to the Construction Manager If CONSULTANT or any other party as a result of disclosing any materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Department or its respective officers, employees, contractorsor subcontractors does voluntarily provide information in violation of this Contract, or consultants. 23.7 In City has the event Department is requested right to disclose any of the materials identified by the Construction Manager as confidential, Department will promptly notify the Construction Manager so that Proposer may seek a protective order or other appropriate remedy. If the Construction Manager wishes to protect the materials reimbursement and indemnity from disclosure, the Construction Manager shall seek court protection immediately on an emergency basis. In the event that such protective order or other remedy is not sought by the Construction Manager within seven (7) days after the Construction Manager receives notice from Department, Department will be free to release the requested information. Department will consider the Construction Manager to have waived any claim of confidentiality and exemption from public disclosure CONSULTANT for any materials damages caused by CONSULTANT releasing the information, including, but not identified as confidential. Construction Managers are advised to consult with their legal counsel regarding the scope limited to, City’s attorney’s fees and provisions of the Public Records Actdisbursements, including without limitation experts’ fees and disbursements.

CONFIDENTIALITY OF DATA. 23.1 ‌ A. All financial, statistical, personal, technical, or other data and information relative to the DepartmentLOCAL AGENCY’s operations, which is are designated confidential by the Department LOCAL AGENCY and made available to the Construction Manager CONSULTANT in order to carry out this Preconstruction Services ContractAGREEMENT, shall be protected by the Construction Manager CONSULTANT from unauthorized use and disclosure. 23.2 B. Permission to disclose information on one occasion occasion, or public hearing held by the Department LOCAL AGENCY relating to this Preconstruction Services Contract the AGREEMENT, shall not authorize the Construction Manager CONSULTANT to further disclose such information information, or disseminate the same on any other occasion. 23.3 The Construction Manager C. CONSULTANT shall not comment publicly to the press or any other media regarding this Preconstruction Services Contract the AGREEMENT or the DepartmentLOCAL AGENCY’s actions on the same, except to the DepartmentLOCAL AGENCY’s staff, Construction ManagerCONSULTANT’s own personnel involved in the performance of this Preconstruction Services ContractAGREEMENT, at public hearings, or in response to questions from a Legislative committee. 23.4 The Construction Manager D. CONSULTANT shall not issue any news release or public relations item of any nature whatsoever nature, whatsoever, regarding work performed or to be performed under this Preconstruction Services Contract AGREEMENT without prior review of the contents thereof by the Department LOCAL AGENCY, and receipt of the Department’s LOCAL AGENCY’S written permission. 23.5 E. All information related to the construction estimate is confidential confidential, and shall not be disclosed by the Construction Manager CONSULTANT to any entity, other than the Department. 23.6 Subject to the California Records Act (California Government Code §§ 6250 et seq.)LOCAL AGENCY, the Department has taken measures to protect the confidentiality Caltrans, and/or FHWA. All of the negotiations related materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the construction estimateprior written approval of City or except by court order. Every person involved in the process shall sign a confidentiality and nondisclosure agreement. However, under no circumstances will the Department be responsible or liable to the Construction Manager If CONSULTANT or any other party as a result of disclosing any materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Department or its respective officers, employees, contractorsor subcontractors does voluntarily provide information in violation of this Contract, or consultants. 23.7 In City has the event Department is requested right to disclose any of the materials identified by the Construction Manager as confidential, Department will promptly notify the Construction Manager so that Proposer may seek a protective order or other appropriate remedy. If the Construction Manager wishes to protect the materials reimbursement and indemnity from disclosure, the Construction Manager shall seek court protection immediately on an emergency basis. In the event that such protective order or other remedy is not sought by the Construction Manager within seven (7) days after the Construction Manager receives notice from Department, Department will be free to release the requested information. Department will consider the Construction Manager to have waived any claim of confidentiality and exemption from public disclosure CONSULTANT for any materials damages caused by CONSULTANT releasing the information, including, but not identified as confidential. Construction Managers are advised to consult with their legal counsel regarding the scope limited to, City’s attorney’s fees and provisions of the Public Records Actdisbursements, including without limitation experts’ fees and disbursements.

CONFIDENTIALITY OF DATA. 23.1 A. All financial, statistical, personal, technical, or other data and information relative to the DepartmentCOUNTY’s operations, which is are designated confidential by the Department COUNTY and made available to the Construction Manager CONSULTANT in order to carry out this Preconstruction Services ContractAgreement, shall be protected by the Construction Manager CONSULTANT from unauthorized use and disclosure. 23.2 B. Permission to disclose information on one occasion occasion, or public hearing held by the Department COUNTY relating to this Preconstruction Services Contract the Agreement, shall not authorize the Construction Manager CONSULTANT to further disclose such information information, or disseminate the same on any other occasion. 23.3 The Construction Manager C. CONSULTANT shall not comment publicly to the press or any other media regarding this Preconstruction Services Contract the Agreement or the DepartmentCOUNTY’s actions on the same, except to the DepartmentCOUNTY’s staff, Construction ManagerCONSULTANT’s own personnel involved in the performance of this Preconstruction Services ContractAgreement, at public hearings, hearings or in response to questions from a Legislative committee. 23.4 The Construction Manager D. CONSULTANT shall not issue any news release or public relations item of any nature whatsoever nature, whatsoever, regarding work performed or to be performed under this Preconstruction Services Contract Agreement without prior review of the contents thereof by the Department COUNTY, and receipt of the DepartmentCOUNTY’s written permission. 23.5 E. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Article. F. All information related to the construction estimate is confidential and shall not be disclosed by the Construction Manager CONSULTANT to any entity, entity other than COUNTY, Caltrans, and/or FHWA. All of the Department. 23.6 Subject materials prepared or assembled by CONSULTANT pursuant to the California Records Act (California Government Code §§ 6250 et seq.), performance of this Agreement are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the Department has taken measures to protect the confidentiality prior written approval of the negotiations related to the construction estimateCOUNTY or except by court order. Every person involved in the process shall sign a confidentiality and nondisclosure agreement. However, under no circumstances will the Department be responsible or liable to the Construction Manager If CONSULTANT or any other party as a result of disclosing any materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Department or its respective officers, employees, contractorsor subcontractors does voluntarily provide information in violation of this Agreement, or consultants. 23.7 In COUNTY has the event Department is requested right to disclose any of the materials identified by the Construction Manager as confidential, Department will promptly notify the Construction Manager so that Proposer may seek a protective order or other appropriate remedy. If the Construction Manager wishes to protect the materials reimbursement and indemnity from disclosure, the Construction Manager shall seek court protection immediately on an emergency basis. In the event that such protective order or other remedy is not sought by the Construction Manager within seven (7) days after the Construction Manager receives notice from Department, Department will be free to release the requested information. Department will consider the Construction Manager to have waived any claim of confidentiality and exemption from public disclosure CONSULTANT for any materials damages caused by CONSULTANT releasing the information, including, but not identified as confidential. Construction Managers are advised to consult with their legal counsel regarding the scope limited to, COUNTY’s attorney’s fees and provisions of the Public Records Actdisbursements, including without limitation expert’s fees and disbursements.

CONFIDENTIALITY OF DATA. 23.1 A. All financial, statistical, personal, technical, or other data and information relative to the DepartmentCITY’s operations, which is are designated confidential by the Department CITY and made available to the Construction Manager CONSULTANT in order to carry out this Preconstruction Services ContractCONTRACT, shall be protected by the Construction Manager CONSULTANT from unauthorized use and disclosure. 23.2 B. Permission to disclose information on one occasion occasion, or public hearing held by the Department CITY relating to this Preconstruction Services Contract the CONTRACT, shall not authorize the Construction Manager CONSULTANT to further disclose such information information, or disseminate the same on any other occasion. 23.3 The Construction Manager C. CONSULTANT shall not comment publicly to the press or any other media regarding this Preconstruction Services Contract the CONTRACT or the DepartmentCITY’s actions on the same, except to the DepartmentCITY’s staff, Construction ManagerCONSULTANT’s own personnel involved in the performance of this Preconstruction Services ContractCONTRACT, at public hearings, or in response to questions from a Legislative committee. 23.4 The Construction Manager D. CONSULTANT shall not issue any news release or public relations item of any nature whatsoever nature, whatsoever, regarding work performed or to be performed under this Preconstruction Services Contract CONTRACT without prior review of the contents thereof by the Department CITY, and receipt of the Department’s CITY’S written permission. 23.5 E. All information related to the construction estimate is confidential confidential, and shall not be disclosed by the Construction Manager CONSULTANT to any entity, other than the Department. 23.6 Subject to the California Records Act (California Government Code §§ 6250 et seq.)CITY, the Department has taken measures to protect the confidentiality Caltrans, and/or FHWA. All of the negotiations related materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the construction estimateprior written approval of City or except by court order. Every person involved in the process shall sign a confidentiality and nondisclosure agreement. However, under no circumstances will the Department be responsible or liable to the Construction Manager If CONSULTANT or any other party as a result of disclosing any materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Department or its respective officers, employees, contractors, or consultants. 23.7 In the event Department is requested to disclose any subcontractors does voluntarily provide information in violation of the materials identified by the Construction Manager as confidential, Department will promptly notify the Construction Manager so that Proposer may seek a protective order or other appropriate remedy. If the Construction Manager wishes to protect the materials from disclosurethis Contract, the Construction Manager shall seek court protection immediately on an emergency basis. In City has the event that such protective order or other remedy is not sought by the Construction Manager within seven (7) days after the Construction Manager receives notice right to reimbursement and indemnity from Department, Department will be free to release the requested information. Department will consider the Construction Manager to have waived any claim of confidentiality and exemption from public disclosure CONSULTANT for any materials damages caused by CONSULTANT releasing the information, including, but not identified as confidential. Construction Managers are advised to consult with their legal counsel regarding the scope limited to, City’s attorney’s fees and provisions of the Public Records Actdisbursements, including without limitation experts’ fees and disbursements.

CONFIDENTIALITY OF DATA. 23.1 A. All financial, statistical, personal, technical, or other data and information relative to the DepartmentCOUNTY’s operations, which is are designated confidential by the Department COUNTY and made available to the Construction Manager CONSULTANT in order to carry out this Preconstruction Services ContractAGREEMENT, shall be protected by the Construction Manager CONSULTANT from unauthorized use and disclosure. 23.2 B. Permission to disclose information on one occasion occasion, or public hearing held by the Department COUNTY relating to this Preconstruction Services Contract the AGREEMENT, shall not authorize the Construction Manager CONSULTANT to further disclose such information information, or disseminate the same on any other occasion. 23.3 The Construction Manager C. CONSULTANT shall not comment publicly to the press or any other media regarding this Preconstruction Services Contract the AGREEMENT or the DepartmentCOUNTY’s actions on the same, except to the DepartmentCOUNTY’s staff, Construction ManagerCONSULTANT’s own personnel involved in the performance of this Preconstruction Services ContractAGREEMENT, at public hearings, or in response to questions from a Legislative committee. 23.4 The Construction Manager D. CONSULTANT shall not issue any news release or public relations item of any nature whatsoever nature, whatsoever, regarding work performed or to be performed under this Preconstruction Services Contract AGREEMENT without prior review of the contents thereof by the Department COUNTY, and receipt of the Department’s COUNTY’S written permission. 23.5 E. All information related to the construction estimate is confidential and shall not be disclosed by the Construction Manager CONSULTANT to any entity, other than COUNTY, Caltrans, and/or FHWA. All of the Departmentmaterials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of COUNTY or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, COUNTY has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, COUNTY’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements. 23.6 Subject to the California Records Act (California Government Code §§ 6250 et seq.), the Department has taken measures to protect the confidentiality of the negotiations related to the construction estimate. Every person involved in the process shall sign a confidentiality and nondisclosure agreement. However, under no circumstances will the Department be responsible or liable to the Construction Manager or any other party F. Any subcontract entered into as a result of disclosing any materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Department or its respective officers, employees, contractors, or consultants. 23.7 In the event Department is requested to disclose any this contract shall contain all of the materials identified by the Construction Manager as confidential, Department will promptly notify the Construction Manager so that Proposer may seek a protective order or other appropriate remedy. If the Construction Manager wishes to protect the materials from disclosure, the Construction Manager shall seek court protection immediately on an emergency basis. In the event that such protective order or other remedy is not sought by the Construction Manager within seven (7) days after the Construction Manager receives notice from Department, Department will be free to release the requested information. Department will consider the Construction Manager to have waived any claim of confidentiality and exemption from public disclosure for any materials not identified as confidential. Construction Managers are advised to consult with their legal counsel regarding the scope and provisions of the Public Records Actthis section.

CONFIDENTIALITY OF DATA. 23.1 A. All financial, statistical, personal, technical, or other data and information relative to the DepartmentCOUNTY’s operations, which is are designated confidential by the Department COUNTY and made available to the Construction Manager CONSULTANT in order to carry out this Preconstruction Services ContractAGREEMENT, shall be protected by the Construction Manager CONSULTANT from unauthorized use and disclosure. 23.2 B. Permission to disclose information on one occasion occasion, or public hearing held by the Department COUNTY relating to this Preconstruction Services Contract the AGREEMENT, shall not authorize the Construction Manager CONSULTANT to further disclose such information information, or disseminate the same on any other occasion. 23.3 The Construction Manager C. CONSULTANT shall not comment publicly to the press or any other media regarding this Preconstruction Services Contract the AGREEMENT or the DepartmentCOUNTY’s actions on the same, except to the DepartmentCOUNTY’s staff, Construction ManagerCONSULTANT’s own personnel involved in the performance of this Preconstruction Services ContractAGREEMENT, at public hearings, or in response to questions from a Legislative committee. 23.4 The Construction Manager D. CONSULTANT shall not issue any news release or public relations item of any nature whatsoever nature, whatsoever, regarding work performed or to be performed under this Preconstruction Services Contract AGREEMENT without prior review of the contents thereof by the Department COUNTY, and receipt of the Department’s COUNTY’S written permission. 23.5 E. All information related to the construction estimate is confidential and shall not be disclosed by the Construction Manager CONSULTANT to any entity, other than the Department. 23.6 Subject to the California Records Act (California Government Code §§ 6250 et seq.)COUNTY, the Department has taken measures to protect the confidentiality Caltrans, and/or FHWA. All of the negotiations related materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the construction estimateprior written approval of County or except by court order. Every person involved in the process shall sign a confidentiality and nondisclosure agreement. However, under no circumstances will the Department be responsible or liable to the Construction Manager If CONSULTANT or any other party as a result of disclosing any materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Department or its respective officers, employees, contractorsor subcontractors does voluntarily provide information in violation of this Contract, or consultants. 23.7 In County has the event Department is requested right to disclose any of the materials identified by the Construction Manager as confidential, Department will promptly notify the Construction Manager so that Proposer may seek a protective order or other appropriate remedy. If the Construction Manager wishes to protect the materials reimbursement and indemnity from disclosure, the Construction Manager shall seek court protection immediately on an emergency basis. In the event that such protective order or other remedy is not sought by the Construction Manager within seven (7) days after the Construction Manager receives notice from Department, Department will be free to release the requested information. Department will consider the Construction Manager to have waived any claim of confidentiality and exemption from public disclosure CONSULTANT for any materials damages caused by CONSULTANT releasing the information, including, but not identified as confidential. Construction Managers are advised to consult with their legal counsel regarding the scope limited to, County’s attorney’s fees and provisions of the Public Records Actdisbursements, including without limitation experts’ fees and disbursements.

CONFIDENTIALITY OF DATA. 23.1 All financial, statistical, personal, technical, or other data and information relative to the Department’s COUNTY’S operations, which is are designated confidential by the Department COUNTY and made available to the Construction Manager CONSULTANT in order to carry out this Preconstruction Services Contractcontract, shall be protected by the Construction Manager CONSULTANT from unauthorized use and disclosure. 23.2 . Permission to disclose information on one occasion occasion, or public hearing held by the Department COUNTY relating to this Preconstruction Services Contract the contract, shall not authorize the Construction Manager CONSULTANT to further disclose such information information, or disseminate the same on any other occasion. 23.3 . The Construction Manager CONSULTANT shall not comment publicly to the press or any other media regarding this Preconstruction Services Contract or the Departmentcontract of the COUNTY’s actions on the same, except to the DepartmentCOUNTY’s staff, Construction ManagerCONSULTANT’s own personnel involved in the performance of this Preconstruction Services Contractcontract, at public hearings, hearings or in response to questions from a Legislative committee. 23.4 . The Construction Manager CONSULTANT shall not issue any news release or public relations item of any nature whatsoever nature, whatsoever, regarding work performed or to be performed under this Preconstruction Services Contract contract without prior review of the contents thereof by the Department COUNTY, and receipt of the Department’s COUNTY’S written permission. 23.5 . All information related to the construction estimate is confidential confidential, and shall not be disclosed by the Construction Manager CONSULTANT to any entity, other than the Department. 23.6 Subject to the California Records Act (California Government Code §§ 6250 et seq.)LOCAL AGENCY, the Department has taken measures to protect the confidentiality Caltrans, and/or FHWA. All of the negotiations related materials prepared or assembled by CONSUL TANT pursuant to performance of this Contract are confidential and CONSUL TANT agrees that they shall not be made available to any individual or organization without the construction estimateprior written approval of COUNTY or except by court order. Every person involved in the process shall sign a confidentiality and nondisclosure agreement. However, under no circumstances will the Department be responsible or liable to the Construction Manager If CONSUL TANT or any other party as a result of disclosing any materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Department or its respective officers, employees, contractorsor subcontractors does voluntarily provide information in violation of this Contract, or consultants. 23.7 In COUNTY has the event Department is requested right to disclose any of the materials identified by the Construction Manager as confidential, Department will promptly notify the Construction Manager so that Proposer may seek a protective order or other appropriate remedy. If the Construction Manager wishes to protect the materials reimbursement and indemnity from disclosure, the Construction Manager shall seek court protection immediately on an emergency basis. In the event that such protective order or other remedy is not sought by the Construction Manager within seven (7) days after the Construction Manager receives notice from Department, Department will be free to release the requested information. Department will consider the Construction Manager to have waived any claim of confidentiality and exemption from public disclosure CONSUL TANT for any materials damages caused by CONSUL TANT releasing the information, including, but not identified as confidential. Construction Managers are advised to consult with their legal counsel regarding the scope limited to, COUNTY's attorney's fees and provisions of the Public Records Actdisbursements, including without limitation experts' fees and disbursements.

CONFIDENTIALITY OF DATA. 23.1 A. All financial, statistical, personal, technical, or other data and information relative to the DepartmentCOUNTY’s operations, which is are designated confidential by the Department COUNTY and made available to the Construction Manager CONSULTANT in order to carry out this Preconstruction Services ContractAGREEMENT, shall be protected by the Construction Manager CONSULTANT from unauthorized use and disclosure. 23.2 B. Permission to disclose information on one occasion occasion, or public hearing held by the Department COUNTY relating to this Preconstruction Services Contract the AGREEMENT, shall not authorize the Construction Manager CONSULTANT to further disclose such information information, or disseminate the same on any other occasion. 23.3 The Construction Manager C. CONSULTANT shall not comment publicly to the press or any other media regarding this Preconstruction Services Contract the AGREEMENT or the DepartmentCOUNTY’s actions on the same, except to the DepartmentCOUNTY’s staff, Construction ManagerCONSULTANT’s own personnel involved in the performance of this Preconstruction Services ContractAGREEMENT, at public hearings, or in response to questions from a Legislative committee. 23.4 The Construction Manager D. CONSULTANT shall not issue any news release or public relations item of any nature whatsoever nature, whatsoever, regarding work performed or to be performed under this Preconstruction Services Contract AGREEMENT without prior review of the contents thereof by the Department COUNTY, and receipt of the Department’s COUNTY’S written permission. 23.5 E. All information related to the construction estimate is confidential confidential, and shall not be disclosed by the Construction Manager CONSULTANT to any entity, other than the Department. 23.6 Subject to the California Records Act (California Government Code §§ 6250 et seq.)COUNTY, the Department has taken measures to protect the confidentiality Caltrans, and/or FHWA. All of the negotiations related materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the construction estimateprior written approval of County or except by court order. Every person involved in the process shall sign a confidentiality and nondisclosure agreement. However, under no circumstances will the Department be responsible or liable to the Construction Manager If CONSULTANT or any other party as a result of disclosing any materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Department or its respective officers, employees, contractorsor subcontractors does voluntarily provide information in violation of this Contract, or consultants. 23.7 In County has the event Department is requested right to disclose any of the materials identified by the Construction Manager as confidential, Department will promptly notify the Construction Manager so that Proposer may seek a protective order or other appropriate remedy. If the Construction Manager wishes to protect the materials reimbursement and indemnity from disclosure, the Construction Manager shall seek court protection immediately on an emergency basis. In the event that such protective order or other remedy is not sought by the Construction Manager within seven (7) days after the Construction Manager receives notice from Department, Department will be free to release the requested information. Department will consider the Construction Manager to have waived any claim of confidentiality and exemption from public disclosure CONSULTANT for any materials damages caused by CONSULTANT releasing the information, including, but not identified as confidential. Construction Managers are advised to consult with their legal counsel regarding the scope limited to, County’s attorney’s fees and provisions of the Public Records Actdisbursements, including without limitation experts’ fees and disbursements.

CONFIDENTIALITY OF DATA. 23.1 A. In the performance of this Agreement, CONSULTANT may receive information that is confidential under local, state or federal laws, regulations and standards. CONSULTANT xxxxxx agrees to protect all confidential information in accordance with any and all applicable local, state and federal laws, regulations and standards. B. All financial, statistical, personal, technical, technical or other data and information relative to the DepartmentCOUNTY’s operations, which is are designated confidential by the Department COUNTY and made available to the Construction Manager CONSULTANT in order to carry out this Preconstruction Services ContractAgreement, shall be protected by the Construction Manager CONSULTANT from unauthorized use and disclosure. 23.2 C. Permission to disclose information on one occasion (1) occasion, or disclosure at a public hearing held by the Department COUNTY relating to this Preconstruction Services Contract Agreement, shall not authorize the Construction Manager CONSULTANT to further disclose such information or disseminate the same on any other occasion. 23.3 The Construction Manager D. CONSULTANT shall not comment publicly to the press or any other media outlet regarding this Preconstruction Services Contract Agreement or the DepartmentCOUNTY’s actions on the same, except to the DepartmentCOUNTY’s staff, Construction ManagerCONSULTANT’s own personnel involved in the performance of this Preconstruction Services ContractAgreement, at public hearings, hearings or in response to questions from a Legislative legislative committee. 23.4 The Construction Manager E. CONSULTANT shall not issue any news release or public relations item of any nature whatsoever nature, whatsoever, regarding work performed or to be performed under this Preconstruction Services Contract Agreement without prior review of the contents thereof by the Department COUNTY, and receipt of the DepartmentCOUNTY’s written permission. 23.5 F. All information related to the construction estimate is confidential confidential, and shall not be disclosed by the Construction Manager CONSULTANT to any entity, other than COUNTY, Caltrans and/or FHWA. All of the Departmentmaterials prepared or assembled by CONSULTANT pursuant to the terms and conditions of this Agreement are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of COUNTY or except by court order. If CONSULTANT, or any of its agents, officers, employees or subconsultants, does voluntarily provide information in violation of this Agreement, COUNTY has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing such information, including, without limitation, COUNTY’s attorney’s fees, expert witness fees and disbursements. 23.6 Subject to the California Records Act (California Government Code §§ 6250 et seq.), the Department has taken measures to protect the confidentiality of the negotiations related to the construction estimate. Every person involved in the process shall sign a confidentiality and nondisclosure agreement. However, under no circumstances will the Department be responsible or liable to the Construction Manager or any other party G. Any subcontract entered into as a result of disclosing any materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Department or its respective officers, employees, contractors, or consultants. 23.7 In the event Department is requested to disclose any this Agreement shall contain all of the materials identified by the Construction Manager as confidential, Department will promptly notify the Construction Manager so that Proposer may seek a protective order or other appropriate remedy. If the Construction Manager wishes to protect the materials from disclosure, the Construction Manager shall seek court protection immediately on an emergency basis. In the event that such protective order or other remedy is not sought by the Construction Manager within seven (7) days after the Construction Manager receives notice from Department, Department will be free to release the requested information. Department will consider the Construction Manager to have waived any claim of confidentiality and exemption from public disclosure for any materials not identified as confidential. Construction Managers are advised to consult with their legal counsel regarding the scope and provisions of the Public Records Actthis article.

CONFIDENTIALITY OF DATA. 23.1 A. CONSULTANT xxxxxx agrees to protect any and all confidential information obtained in the performance of this Agreement in accordance with any and all applicable local, state and federal laws, regulations and standards. B. All financial, statistical, personal, technical, technical or other data and information relative to the DepartmentCOUNTY’s operations, which is are designated confidential by the Department COUNTY and made available to the Construction Manager CONSULTANT in order to carry out this Preconstruction Services ContractAgreement, shall be protected by the Construction Manager CONSULTANT from unauthorized use and disclosure. 23.2 C. Permission to disclose information on one occasion (1) occasion, or disclosure at a public hearing held by the Department COUNTY relating to this Preconstruction Services Contract Agreement, shall not authorize the Construction Manager CONSULTANT to further disclose such information or disseminate the same on any other occasion. 23.3 The Construction Manager D. CONSULTANT shall not comment publicly to the press or any other media outlet regarding this Preconstruction Services Contract Agreement or the DepartmentCOUNTY’s actions on the same, except to the DepartmentCOUNTY’s staff, Construction ManagerCONSULTANT’s own personnel involved in the performance of this Preconstruction Services ContractAgreement, at public hearings, hearings or in response to questions from a Legislative legislative committee. 23.4 The Construction Manager E. CONSULTANT shall not issue any news release or public relations item of any nature whatsoever nature, whatsoever, regarding work performed or to be performed under this Preconstruction Services Contract Agreement without prior review of the contents thereof by the Department COUNTY, and receipt of the DepartmentCOUNTY’s written permission. 23.5 F. All information related to the construction estimate is confidential confidential, and shall not be disclosed by the Construction Manager CONSULTANT to any entity, other than COUNTY, Caltrans and/or FHWA. All of the Departmentmaterials prepared or assembled by CONSULTANT pursuant to the terms and conditions of this Agreement are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of COUNTY or except by court order. If CONSULTANT, or any of its agents, officers, employees or subconsultants, does voluntarily provide information in violation of this Agreement, COUNTY has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing such information, including, without limitation, COUNTY’s attorney’s fees, expert witness fees and disbursements. 23.6 Subject to the California Records Act (California Government Code §§ 6250 et seq.), the Department has taken measures to protect the confidentiality of the negotiations related to the construction estimate. Every person involved in the process shall sign a confidentiality and nondisclosure agreement. However, under no circumstances will the Department be responsible or liable to the Construction Manager or any other party G. Any subcontract entered into as a result of disclosing any materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Department or its respective officers, employees, contractors, or consultants. 23.7 In the event Department is requested to disclose any this Agreement shall contain all of the materials identified by the Construction Manager as confidential, Department will promptly notify the Construction Manager so that Proposer may seek a protective order or other appropriate remedy. If the Construction Manager wishes to protect the materials from disclosure, the Construction Manager shall seek court protection immediately on an emergency basis. In the event that such protective order or other remedy is not sought by the Construction Manager within seven (7) days after the Construction Manager receives notice from Department, Department will be free to release the requested information. Department will consider the Construction Manager to have waived any claim of confidentiality and exemption from public disclosure for any materials not identified as confidential. Construction Managers are advised to consult with their legal counsel regarding the scope and provisions of the Public Records Actthis article.

CONFIDENTIALITY OF DATA. 23.1 ‌ 21 A. All financial, statistical, personal, technical, or other data and information relative 22 to the Department’s COUNTY’S operations, which is are designated confidential by the Department COUNTY and made 23 available to the Construction Manager CONSULTANT in order to carry out this Preconstruction Services ContractAgreement, shall be protected by 24 the Construction Manager CONSULTANT from unauthorized use and disclosure. 23.2 25 B. Permission to disclose information on one occasion occasion, or public hearing held by the Department 26 COUNTY relating to this Preconstruction Services Contract the contract, shall not authorize the Construction Manager CONSULTANT to further disclose 27 such information information, or disseminate the same on any other occasion. 23.3 28 C. The Construction Manager CONSULTANT shall not comment publicly to the press or any other media 1 regarding this Preconstruction Services Contract Agreement or the DepartmentCOUNTY’s actions on the same, except to the DepartmentCOUNTY’s 2 staff, Construction Manager’s the CONSULTANT’S own personnel involved in the performance of this Preconstruction Services ContractAgreement, 3 at public hearings, hearings or in response to questions from a Legislative committee. 23.4 4 D. The Construction Manager CONSULTANT shall not issue any news release or public relations item of 5 any nature whatsoever nature, whatsoever, regarding work performed or to be performed under this Preconstruction Services Contract 6 Agreement without prior review of the contents thereof by the Department COUNTY, and receipt of the Department’s 7 COUNTY’S written permission. 23.5 8 E. All information related to the construction estimate is confidential and shall not be 9 disclosed by the Construction Manager CONSULTANT to any entity, entity other than the Department. 23.6 Subject to the California Records Act (California Government Code §§ 6250 et seq.)COUNTY, the Department has taken measures to protect the confidentiality Caltrans, and/or 10 FHWA. All of the negotiations related materials prepared or assembled by CONSULTANT pursuant to 11 performance of this Contract are confidential and CONSULTANT agrees that they shall not 12 be made available to any individual or organization without the construction estimateprior written approval of the 13 COUNTY or except by court order. Every person involved in the process shall sign a confidentiality and nondisclosure agreement. However, under no circumstances will the Department be responsible or liable to the Construction Manager If CONSULTANT or any other party as a result of disclosing any materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Department or its respective officers, employees, contractors, or consultants. 23.7 In the event Department is requested to disclose any 14 subcontractors does voluntarily provide information in violation of the materials identified by the Construction Manager as confidential, Department will promptly notify the Construction Manager so that Proposer may seek a protective order or other appropriate remedy. If the Construction Manager wishes to protect the materials from disclosurethis Contract, the Construction Manager shall seek court protection immediately on an emergency basis. In 15 COUNTY has the event that such protective order or other remedy is not sought by the Construction Manager within seven (7) days after the Construction Manager receives notice right to reimbursement and indemnity from Department, Department will be free to release the requested information. Department will consider the Construction Manager to have waived any claim of confidentiality and exemption from public disclosure CONSULTANT for any materials 16 damages caused by CONSULTANT releasing the information, including, but not identified as confidential. Construction Managers are advised to consult with their legal counsel regarding limited to, 17 the scope COUNTY’s attorney’s fees and provisions of the Public Records Actdisbursements, including without limitation experts’ fees 18 and disbursements.

CONFIDENTIALITY OF DATA. 23.1 A. All financial, statistical, personal, technical, or other data and information relative to the Department’s LOCAL AGENCY's operations, which is are designated confidential by the Department LOCAL AGENCY and made available to the Construction Manager CONSULTANT in order to carry out this Preconstruction Services ContractAGREEMENT, shall be protected by the Construction Manager CONSULTANT from unauthorized use and disclosure. 23.2 B. Permission to disclose information on one occasion occasion, or public hearing held by the Department LOCAL AGENCY relating to this Preconstruction Services Contract the AGREEMENT, shall not authorize the Construction Manager CONSULTANT to further disclose such information information, or disseminate the same on any other occasion. 23.3 The Construction Manager C. CONSULTANT shall not comment publicly to the press or any other media regarding this Preconstruction Services Contract the AGREEMENT or the Department’s actions on the same, LOCAL AGENCY'sactionson thesame,except to the Department’s LOCAL AGENCY's staff, Construction Manager’s CONSULTANT's own personnel involved in the performance of this Preconstruction Services ContractAGREEMENT, at public hearings, hearings or in response to questions from a Legislative committeeLegislativecommittee. 23.4 The Construction Manager D. CONSULTANT shall not issue any news release or public relations item of any nature whatsoever nature, whatsoever, regarding work performed or to be performed under this Preconstruction Services Contract AGREEMENT without prior review of the contents thereof by the Department LOCAL AGENCY, and receipt of the Department’s LOCAL AGENCY'S written permission. 23.5 E. All information related to the construction estimate is confidential confidential, and shall not be disclosed by the Construction Manager CONSULTANT to any entity, entity other than the Department. 23.6 Subject to the California Records Act (California Government Code §§ 6250 et seq.)LOCAL AGENCY, the Department has taken measures to protect the confidentiality Caltrans, and/or FHWA. All of the negotiations related materials prepared or assembled by CONSULTANT pursuant to performance of this AGREEMENT are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the construction estimateprior written approval of LOCAL AGENCY or except as may be required by any law, regulation or government or court order. Every person involved in the process shall sign a confidentiality and nondisclosure agreement. However, under no circumstances will the Department be responsible or liable to the Construction Manager If CONSULTANT or any other party as a result of disclosing any materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Department or its respective officers, employees, contractorsor subcontractors does voluntarily provide information in violation of this AGREEMENT, or consultants. 23.7 In LOCAL AGENCY has the event Department is requested right to disclose any of the materials identified by the Construction Manager as confidential, Department will promptly notify the Construction Manager so that Proposer may seek a protective order or other appropriate remedy. If the Construction Manager wishes to protect the materials reimbursement and indemnity from disclosure, the Construction Manager shall seek court protection immediately on an emergency basis. In the event that such protective order or other remedy is not sought by the Construction Manager within seven (7) days after the Construction Manager receives notice from Department, Department will be free to release the requested information. Department will consider the Construction Manager to have waived any claim of confidentiality and exemption from public disclosure CONSULTANT for any materials damages caused by CONSULTANT releasing the information, including, but not identified as confidential. Construction Managers are advised to consult with their legal counsel regarding the scope limited to, LOCAL AGENCY's attorney's fees and provisions of the Public Records Actdisbursements, including without limitation experts' fees and disbursements.

CONFIDENTIALITY OF DATA. 23.1 A. All financial, statistical, personal, technical, or other data and information relative to the DepartmentCOUNTY’s operations, which is are designated confidential by the Department COUNTY and made available to the Construction Manager CONSULTANT in order to carry out this Preconstruction Services ContractAGREEMENT, shall be protected by the Construction Manager CONSULTANT from unauthorized use and disclosure. 23.2 B. Permission to disclose information on one occasion occasion, or public hearing held by the Department COUNTY relating to this Preconstruction Services Contract the AGREEMENT, shall not authorize the Construction Manager CONSULTANT to further disclose such information information, or disseminate the same on any other occasion. 23.3 The Construction Manager C. CONSULTANT shall not comment publicly to the press or any other media regarding this Preconstruction Services Contract the AGREEMENT or the DepartmentCOUNTY’s actions on the same, except to the DepartmentCOUNTY’s staff, Construction ManagerCONSULTANT’s own personnel involved in the performance of this Preconstruction Services ContractAGREEMENT, at public hearings, or in response to questions from a Legislative committee. 23.4 The Construction Manager D. CONSULTANT shall not issue any news release or public relations item of any nature whatsoever nature, whatsoever, regarding work performed or to be performed under this Preconstruction Services Contract AGREEMENT without prior review of the contents thereof by the Department COUNTY, and receipt of the Department’s COUNTY’S written permission. 23.5 E. All information related to the construction estimate is confidential confidential, and shall not be disclosed by the Construction Manager CONSULTANT to any entity, other than COUNTY, Caltrans, and/or FHWA. All of the Departmentmaterials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of County or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, County has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, County’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements. 23.6 Subject to the California Records Act (California Government Code §§ 6250 et seq.), the Department has taken measures to protect the confidentiality of the negotiations related to the construction estimate. Every person involved in the process shall sign a confidentiality and nondisclosure agreement. However, under no circumstances will the Department be responsible or liable to the Construction Manager or any other party F. Any subcontract entered into as a result of disclosing any materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Department or its respective officers, employees, contractors, or consultants. 23.7 In the event Department is requested to disclose any this contract shall contain all of the materials identified by the Construction Manager as confidential, Department will promptly notify the Construction Manager so that Proposer may seek a protective order or other appropriate remedy. If the Construction Manager wishes to protect the materials from disclosure, the Construction Manager shall seek court protection immediately on an emergency basis. In the event that such protective order or other remedy is not sought by the Construction Manager within seven (7) days after the Construction Manager receives notice from Department, Department will be free to release the requested information. Department will consider the Construction Manager to have waived any claim of confidentiality and exemption from public disclosure for any materials not identified as confidential. Construction Managers are advised to consult with their legal counsel regarding the scope and provisions of the Public Records Actthis Section.

CONFIDENTIALITY OF DATA. 23.1 A. All financial, statistical, personal, technical, or other data and information relative to the Department’s LOCAL AGENCY's operations, which is are designated confidential by the Department LOCAL AGENCY and made available to the Construction Manager CONSULTANT in order to carry out this Preconstruction Services ContractAGREEMENT, shall be protected by the Construction Manager CONSULTANT from unauthorized use and disclosure. 23.2 B. Permission to disclose information on one occasion occasion, or public hearing held by the Department LOCAL AGENCY relating to this Preconstruction Services Contract the AGREEMENT, shall not authorize the Construction Manager CONSULTANT to further disclose such information information, or disseminate the same on any other occasion. 23.3 The Construction Manager C. CONSULTANT shall not comment publicly to the press or any other media regarding this Preconstruction Services Contract or the Department’s actions on the AGREEMENTor LOCALAGENCY's actionsonthe same, ,except to the Department’s LOCALAGENCY's staff, Construction Manager’s CONSULTANT's own personnel involved in the performance of this Preconstruction Services ContractAGREEMENT, at public hearings, hearings or in response to questions from a Legislative committee. 23.4 The Construction Manager D. CONSULTANT shall not issue any news release or public relations item of any nature whatsoever nature, whatsoever, regarding work performed or to be performed under this Preconstruction Services Contract AGREEMENT without prior review of the contents thereof by the Department LOCAL AGENCY, and receipt of the Department’s LOCAL AGENCY'S written permission. 23.5 E. All information related to the construction estimate is confidential confidential, and shall not be disclosed by the Construction Manager CONSULTANT to any entity, entity other than the Department. 23.6 Subject to the California Records Act (California Government Code §§ 6250 et seq.)LOCAL AGENCY, the Department has taken measures to protect the confidentiality Caltrans, and/or FHWA. All of the negotiations related materials prepared or assembled by CONSULTANT pursuant to performance of this AGREEMENT are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the construction estimateprior written approval of LOCAL AGENCY or except as may be required by any law, regulation or government or court order. Every person involved in the process shall sign a confidentiality and nondisclosure agreement. However, under no circumstances will the Department be responsible or liable to the Construction Manager If CONSULTANT or any other party as a result of disclosing any materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Department or its respective officers, employees, contractorsor subcontractors does voluntarily provide information in violation of this AGREEMENT, or consultants. 23.7 In LOCAL AGENCY has the event Department is requested right to disclose any of the materials identified by the Construction Manager as confidential, Department will promptly notify the Construction Manager so that Proposer may seek a protective order or other appropriate remedy. If the Construction Manager wishes to protect the materials reimbursement and indemnity from disclosure, the Construction Manager shall seek court protection immediately on an emergency basis. In the event that such protective order or other remedy is not sought by the Construction Manager within seven (7) days after the Construction Manager receives notice from Department, Department will be free to release the requested information. Department will consider the Construction Manager to have waived any claim of confidentiality and exemption from public disclosure CONSULTANT for any materials damages caused by CONSULTANT releasing the information, including, but not identified as confidential. Construction Managers are advised to consult with their legal counsel regarding the scope limited to, LOCAL AGENCY's attorney's fees and provisions of the Public Records Actdisbursements, including without limitation experts' fees and disbursements.

CONFIDENTIALITY OF DATA. 23.1 A. All financial, statistical, personal, technical, or other data and information relative to the Department’s LOCAL AGENCY's operations, which is are designated confidential by the Department LOCAL AGENCY and made available to the Construction Manager CONSULTANT in order to carry out this Preconstruction Services ContractAGREEMENT, shall be protected by the Construction Manager CONSULTANT from unauthorized use and disclosure. 23.2 B. Permission to disclose information on one occasion occasion, or public hearing held by the Department LOCAL AGENCY relating to this Preconstruction Services Contract the AGREEMENT, shall not authorize the Construction Manager CONSULTANT to further disclose such information information, or disseminate the same on any other occasion. 23.3 The Construction Manager C. CONSULTANT shall not comment publicly to the press or any other media regarding this Preconstruction Services Contract or the Department’s actions on the same, AGREEMENTor LOCALAGENCY's actionson thesame,except to the Department’s LOCAL AGENCY's staff, Construction Manager’s CONSULTANT's own personnel involved in the performance of this Preconstruction Services ContractAGREEMENT, at public hearings, hearings or in response to questions from a Legislative committee. 23.4 The Construction Manager D. CONSULTANT shall not issue any news release or public relations item of any nature whatsoever nature, whatsoever, regarding work performed or to be performed under this Preconstruction Services Contract AGREEMENT without prior review of the contents thereof by the Department LOCAL AGENCY, and receipt of the Department’s LOCAL AGENCY'S written permission. 23.5 E. All information related to the construction estimate is confidential confidential, and shall not be disclosed by the Construction Manager CONSULTANT to any entity, entity other than the Department. 23.6 Subject to the California Records Act (California Government Code §§ 6250 et seq.)LOCAL AGENCY, the Department has taken measures to protect the confidentiality Caltrans, and/or FHWA. All of the negotiations related materials prepared or assembled by CONSULTANT pursuant to performance of this AGREEMENT are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the construction estimateprior written approval of LOCAL AGENCY or except as may be required by any law, regulation or government or court order. Every person involved in the process shall sign a confidentiality and nondisclosure agreement. However, under no circumstances will the Department be responsible or liable to the Construction Manager If CONSULTANT or any other party as a result of disclosing any materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Department or its respective officers, employees, contractorsor subcontractors does voluntarily provide information in violation of this AGREEMENT, or consultants. 23.7 In LOCAL AGENCY has the event Department is requested right to disclose any of the materials identified by the Construction Manager as confidential, Department will promptly notify the Construction Manager so that Proposer may seek a protective order or other appropriate remedy. If the Construction Manager wishes to protect the materials reimbursement and indemnity from disclosure, the Construction Manager shall seek court protection immediately on an emergency basis. In the event that such protective order or other remedy is not sought by the Construction Manager within seven (7) days after the Construction Manager receives notice from Department, Department will be free to release the requested information. Department will consider the Construction Manager to have waived any claim of confidentiality and exemption from public disclosure CONSULTANT for any materials damages caused by CONSULTANT releasing the information, including, but not identified as confidential. Construction Managers are advised to consult with their legal counsel regarding the scope limited to, LOCAL AGENCY's attorney's fees and provisions of the Public Records Actdisbursements, including without limitation experts' fees and disbursements.