GRDA Confidentiality Clause Samples
GRDA Confidentiality. Contractor understands and acknowledges that GRDA is an agency of the State of Oklahoma and is subject to the Oklahoma Open Records Act, 51 O.S. § 24A.1, et seq., and the Oklahoma Open Meetings Act, 25 O.S. § 301, et seq. To the extent permitted by applicable law, GRDA will not disclose (except to officers, employees, and contractors of GRDA) information which is specifically designated in writing by Contractor as being proprietary and confidential; provided, general statements (including generally applicable headers or footers) stating that all information is proprietary and confidential will be invalid. The provisions of this paragraph will not apply to information, notwithstanding any confidential designation thereof, which (a) is known to GRDA without any restriction as to disclosure or use at the time it is furnished, (b) is or becomes generally available to the public without breach of any agreement, (c) is independently developed as demonstrated by competent evidence, or (d) is received from a third party without limitation or restriction on said third party or GRDA at the time of disclosure. Contractor understands and acknowledges that GRDA’s duties under the Oklahoma Open Records Act, 51 O.S. § 24A.1, et seq., and/or other law applicable to state agencies may require GRDA to disclose information which has been designated by Contractor as proprietary and confidential. If GRDA receives a request to disclose information which has been designated by Contractor to be confidential or proprietary, before disclosing the information (if practicable) GRDA will use reasonable efforts to provide Contractor with advance notice of the information requested and GRDA’s intent to disclose.
