Common use of Limitations on Public Disclosures by Monitor Clause in Contracts

Limitations on Public Disclosures by Monitor. Except as required or authorized by the terms of this Agreement or the parties acting together, the Monitor shall not: make any public statements (at a conference or otherwise) or issue findings with regard to any act or omission of WCDOC or its agents, representatives or employees, or disclose nonpublic information provided to the Monitor pursuant to this Agreement. Any press statement made by the Monitor regarding his or her employment must first be approved in writing by all parties. The Monitor shall not testify in any other litigation or proceeding with regard to any act or omission of WCDOC or any of its agents, representatives, or employees related to this Agreement, nor testify regarding any matter or subject that he or she may have learned as a result of his or her performance under this Agreement. Reports issued by the Monitor shall not be admissible against WCDOC in any proceeding other than a proceeding related to the enforcement of this Agreement by WCDOC or the United States. Unless such conflict is waived by the parties, the Monitor shall not accept employment or provide consulting services that would present a conflict of interest with the Monitor’s responsibilities under this Agreement, including being retained (on a paid or unpaid basis) by any current or future litigant or claimant, or such litigant’s or claimant’s attorney, in connection with a claim or suit against WCDOC, its departments, officers, agents or employees. The Monitor is not a State/County or local agency or an agent thereof, and accordingly the records maintained by the Monitor shall not be deemed public records subject to public inspection. Neither the Monitor nor any person or entity hired or otherwise retained by the Monitor to assist in furthering any provision of this Agreement shall be liable for any claim, lawsuit or demand arising out of the Monitor’s performance pursuant to this Agreement. This provision does not apply to any proceeding before a court related to performance of contracts or subcontracts for monitoring this Agreement.

Limitations on Public Disclosures by Monitor. Except as required or authorized by the terms of this Agreement or the parties acting together, the Monitor shall not: make any public statements (at a conference or otherwise) or issue findings findings, except as authorized by this Agreement, with regard to any act or omission of WCDOC Defendant or its agents, representatives or employees, or disclose nonpublic information provided to the Monitor pursuant to this Agreement. Any press statement made by the Monitor regarding the monitoring of this Agreement or his or her employment as Monitor must first be approved in writing by all parties. The Monitor shall not testify in any other litigation or proceeding with regard to any act or omission of WCDOC Defendant or any of its agents, representatives, or employees related to this Agreement, nor testify regarding any matter or subject that he or she may have learned as a result of his or her performance under this Agreement. Reports issued by the Monitor shall not be admissible against WCDOC Defendant in any proceeding other than a proceeding related to the enforcement of this Agreement by WCDOC Defendant or the United StatesDOJ. Unless such conflict is waived by the parties, the Monitor shall not accept employment or provide consulting services that would present a conflict of interest with the Monitor’s responsibilities under this Agreement, including being retained (on a paid or unpaid basis) by any current or future litigant or claimant, or such litigant’s or claimant’s attorney, in connection with a claim or suit against WCDOCDefendant, its departments, officers, agents or employees. The Monitor is not a State/County or local agency or an agent thereof, and accordingly the records maintained by the Monitor shall not be deemed public records subject to public inspection. Neither the Monitor nor any person or entity hired or otherwise retained by the Monitor to assist in furthering any provision of this Agreement shall be liable for any claim, lawsuit or demand arising out of the Monitor’s performance pursuant to this Agreement. This provision does not apply to any proceeding before a court related to performance of contracts or subcontracts for monitoring this Agreement.

Limitations on Public Disclosures by Monitor. Except as required or authorized by the terms of this Agreement MOA or the parties acting together, neither the Monitor shall notnor any member of the Monitor's staff shall: make any public statements (at a conference or otherwise) or issue findings with regard to any act or omission of WCDOC the State or its agents, representatives or employees, or disclose nonpublic non-public information provided to the Monitor or the Monitor's staff pursuant to this AgreementMOA. Any press statement made by the Monitor or any member of the Monitor's staff regarding his or her their employment must first be approved in writing by all the parties. The Neither the Monitor nor any member of the Monitor's staff shall not testify in any other litigation or proceeding with regard to any act or omission of WCDOC the State, Division or any of its their agents, representatives, or employees related to this AgreementMOA, nor testify regarding any matter or subject that he or she may have learned as a result of his or her performance under this AgreementMOA. Reports issued by the Monitor shall not be admissible against WCDOC the State in any proceeding other than a proceeding related to the enforcement of this Agreement by WCDOC or the United StatesState's agreements with DOJ. Unless such conflict is waived by the parties, the Monitor shall not accept employment or provide consulting services that would present a conflict of interest with the Monitor’s 's responsibilities under this AgreementMOA, including being retained (on a paid or unpaid basis) by any current or future litigant or claimant, or such litigant’s 's or claimant’s 's attorney, in connection with a claim or suit against WCDOC, the State or its departments, officers, agents or employees. The Monitor is not a State/County state or local agency or an agent thereof, and accordingly the records maintained by the Monitor shall not be deemed public records subject to public inspection. Neither the Monitor nor any person or entity hired or otherwise retained by the Monitor to assist in furthering any provision of this Agreement MOA shall be liable for any claim, lawsuit or demand arising out of the Monitor’s 's performance pursuant to this AgreementMOA. This provision paragraph does not apply to any proceeding before a court related to performance of contracts or subcontracts for monitoring this AgreementMOA.