Common use of Contractor’s Understanding and Obligations Clause in Contracts

Contractor’s Understanding and Obligations. The Contractor understands that any records (including but not limited to bid or proposal submittals, the Agreement, and any other contract materials) it submits to the City, or that are used by the City even if the Contractor possesses the records, are public records under Washington State law, RCW Chapter 42.17. Public records must be promptly disclosed upon request unless a statute exempts them from disclosure. The Contractor also understands that even if part of a record is exempt from disclosure, the rest of that record generally must be disclosed. The Contractor must separate and clearly mark as “proprietary information” all records related to this Agreement or the performance of this Agreement that the Contractor believes are exempt from disclosure. The Contractor is familiar with potentially-applicable public-disclosure exemptions and the limits of those exemptions, and will mark as “proprietary only information that the Contractor believes legitimately fits within an exemption. If the City notifies the Contractor under Paragraph B 2 of a public disclosure request, and the Contractor believes records are exempt from disclosure, the Contractor must bring a lawsuit under RCW 42.17.330 to enjoin disclosure. The Contractor must obtain the injunction and serve it on the City before the close of business on the tenth business day after the City sent notification to the Contractor. It is the Contractor’s discretionary decision whether to file the lawsuit. If the Contractor does not timely obtain and serve an injunction, the Contractor is deemed to have authorized releasing the record. The Contractor must not take any action that would affect (a) the City’s ability to use goods and services provided under this Agreement or (b) the Contractor’s obligations under this Agreement. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. The City’s Obligations

Contractor’s Understanding and Obligations. The Contractor understands that any records (including but not limited to bid or proposal submittals, the Agreement, and any other contract materials) it submits to the City, or that are used by the City even if the Contractor possesses the records, are public records under Washington State law, RCW Chapter 42.17. Public records must be promptly disclosed upon request unless a statute exempts them from disclosure. The Contractor also understands that even if part of a record is exempt from disclosure, the rest of that record generally must be disclosed. The Contractor must separate and clearly mark xxxx as “proprietary information” all records related to this Agreement or the performance of this Agreement that the Contractor believes are exempt from disclosure. The Contractor is familiar with potentially-applicable public-disclosure exemptions and the limits of those exemptions, and will mark xxxx as “proprietary only information that the Contractor believes legitimately fits within an exemption. If the City notifies the Contractor under Paragraph B 2 of a public disclosure request, and the Contractor believes records are exempt from disclosure, the Contractor must bring a lawsuit under RCW 42.17.330 to enjoin disclosure. The Contractor must obtain the injunction and serve it on the City before the close of business on the tenth business day after the City sent notification to the Contractor. It is the Contractor’s discretionary decision whether to file the lawsuit. If the Contractor does not timely obtain and serve an injunction, the Contractor is deemed to have authorized releasing the record. The Contractor must not take any action that would affect (a) the City’s ability to use goods and services provided under this Agreement or (b) the Contractor’s obligations under this Agreement. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. The City’s Obligations

Contractor’s Understanding and Obligations. The Contractor understands and agrees that all of the City’s electric and water End Customer information and meter data provided to, collected, or received by Contractor or its Systems is the sole and exclusive property of the City. The Contractor understands that any records (including but not limited to bid or proposal submittals, the Agreementthis AMR Contract, and any other contract materials) it submits to the City, or that are used by the City even if the Contractor possesses the records, are public records under Washington State law, RCW Chapter 42.17. Public records must be promptly disclosed upon request unless a statute exempts them from disclosure. The Contractor also understands that even if part of a record is exempt from disclosure, the rest of that record generally must be disclosed. The Contractor must separate separately and clearly mark xxxx as “proprietary information” all records related to this Agreement AMR Contract or the performance of this Agreement AMR Contract that the Contractor believes are exempt from disclosure. The Contractor is familiar with potentially-potentially applicable public-disclosure exemptions and the limits of those exemptions, and will mark xxxx as “proprietary proprietary” only information that the Contractor believes legitimately fits within an exemption. If the City notifies the Contractor Contractor, as described below under Paragraph B 2 of a public disclosure requesttitled “The City’s Obligations”, and the Contractor believes records are exempt from disclosure, the Contractor must bring a lawsuit under RCW 42.17.330 to enjoin disclosure. The Contractor must obtain the injunction and serve it on the City before the close of business on the tenth 10th business day after the City sent notification to the Contractor. It is the Contractor’s discretionary decision whether to file the lawsuit. If the Contractor does not timely obtain and serve an injunction, the Contractor is deemed to have authorized releasing the record. The Contractor must not take any action that would affect (a) the City’s ability to use goods and services provided under this Agreement AMR Contract or (b) the Contractor’s obligations under this AgreementAMR Contract. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. The City’s Obligations.