Common use of Information and Documents Clause in Contracts

Information and Documents. A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena. B. Consultant shall promptly 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 regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. 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, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant. D. Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.

Information and Documents. A. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, discussion, or other information (collectively “DataData and Documents”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena. B. Consultant shall promptly 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 regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. 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, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. C. All Data and Documents required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documentsData and Documents, designs, drawings, maps, models, including computer files containing data Data and Documents generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant. D. Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.

Information and Documents. A. Consultant Contractor covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. ConsultantContractor, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant Contractor gives City notice of such court order or subpoena. B. Consultant Contractor shall 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 or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant Contractor or be present at any deposition, hearing or similar proceeding. Consultant Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by ConsultantContractor. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant Contractor as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without ConsultantContractor’s permission. Consultant Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by ConsultantContractor. D. ConsultantContractor’s covenants under this Section 6 shall survive the expiration or termination of this Agreement.

Information and Documents. A. Consultant (a) Contractor covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. ConsultantContractor, its officers, employees, agents, or subcontractors subcontractors, shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant Contractor gives City notice of such court order or subpoena. B. Consultant (b) Contractor shall 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 or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City mayretains the right, but has no obligation toobligation, to represent Consultant or Contractor and/or be present at any deposition, hearing or similar proceeding. Consultant Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by ConsultantContractor. However, the City’s right to review any such response does not imply or mean the right by City to control, direct direct, or rewrite the said response. C. (c) All Data required to be furnished to City in connection with this Agreement shall become the property of City’s property, and City may use all or any portion of the Data submitted by Consultant Contractor as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Serviceswork, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s the sole property of the City and may be used, reused or otherwise disposed of by City without ConsultantContractor’s permission. Consultant may take . (d) Contractor shall maintain complete and retain copies accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of the written products Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit said books and records, to make transcripts therefrom as desirednecessary, but the written products and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall not be the subject maintained for a period of a copyright application by Consultant3 years after receipt of final payment. D. Consultant(e) Contractor’s covenants under this Section shall survive the expiration or termination of this Agreement.

Information and Documents. A. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, discussion, or other information (collectively “DataData and Documents”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property DocuSign Envelope ID: 49632866-080F-4D24-B0E4-DF3427C4BE52 located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena. B. Consultant shall promptly 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 regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. 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, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. C. All Data and Documents required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documentsData and Documents, designs, drawings, maps, models, including computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant. D. Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.

Information and Documents. A. Consultant (a) Contractor covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant Contractor or provided by City for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. ConsultantContractor, its officers, employees, agents, or subcontractors subcontractors, shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant Contractor gives City notice of such court order or subpoena. B. Consultant (b) Contractor shall 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 or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City mayretains the right, but has no obligation toobligation, to represent Consultant or Contractor and/or be present at any deposition, hearing or similar proceeding. Consultant Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by ConsultantContractor. However, the City’s right to review any such response does not imply or mean the right by City to control, direct direct, or rewrite the said response. C. (c) All Upon payment to Contractor in full, all Data instruments of service prepared by Contractor and required to be furnished to City in connection with this Agreement shall become the property of City’s property, and City may use all or any portion of the Data submitted by Consultant Contractor as City deems appropriate. Upon payment in full and completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Serviceswork, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s the sole property of the City and may be used, reused or otherwise disposed of by City without ConsultantContractor’s permission. Consultant may take To the fullest extent permitted by law, City shall release, hold harmless, and retain copies shall indemnify Contractor and its consultants and shall defend Contractor and its consultants using counsel satisfactory to Contractor, from and against all claims, liabilities, losses, damages, judgments, awards, and costs including, but not limited to, court costs and attorneys' fees, arising from, related to, or in any manner in connection with City's or others' use, adaptation, alteration, reproduction, or transfer of the written products as desiredData submitted by Contractor without Contractor’s involvement. Contractor shall have the right to include photographic or artistic representations of the design of the Project among Contractor’s promotional and professional materials. Notwithstanding anything in this Agreement to the contrary, but Contractor shall retain (i) the written products shall not be copyright in and to its standard designs, drawings and details existing prior to commencing work related to the subject Project, and any specific enhancements and refinements of a copyright application such design, drawings and details developed by ConsultantContractor in connection with this Project, and the right to reproduce and use all such documents on all of its current and future projects for existing or future clients, and (ii) all intellectual property and other rights it may have to the concepts, ideas, creations and inventions created by Contractor prior to commencing work related to the Project, and any specific enhancements and refinements of such concepts, ideas, creations and inventions developed by Contractor in connection with this Project, and embodied in any document provided to City in connection with the Project. D. Consultant(d) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit said books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement, at City’s cost. Such records, together with supporting documents, shall be maintained for a period of 3 years after receipt of final payment. (e) Contractor’s covenants under this Section shall survive the expiration or termination of this Agreement, through the applicable statutes of limitations.

Information and Documents. A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response A response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena. B. Consultant shall promptly 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 regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. 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, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant. This Section 6.C. does not apply to any software, programs, methodologies or systems used in the creation of such work product, nor does it apply to any drafts, notes or internal communications prepared by Consultant in the course of performing the Services that were not otherwise provided to City in either hardcopy or electronic form, all of which may be protected by Consultant or others’ copyrights or other intellectual property. D. Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.