Ohio Public Records Act. The parties acknowledge that the University, as an instrumentality of the State of Ohio, is subject to the Ohio Revised Code 149.43, et seq., and any and all laws pertaining to public records and is therefore, obligated to disclose public records. Should the University receive a request involving information related to Contractor, including the Contract, the University will immediately notify Contractor of the request. Contractor will have 10 calendar days from the date of the notice to assert any applicable legal rights prohibiting disclosure of the information being sought before such information is released. Contractor hereby perpetually releases the University from all liability associated with the release of such information after this 10 calendar day period. It is understood and agreed that the provisions of this section will survive the termination of the Contract.
Ohio Public Records Act. The Provider hereby acknowledges that the Ohio Public Records Act, Ohio R.C. 149.43 et seq. (the “Act”), applies to many of Miami’s records, including contracts and communications with goods and services vendors, and that Miami is obligated to produce its public records when requested by the public. If Miami receives a public records request related to this Agreement, Miami will provide the Provider ten (10) calendar days’ prior notice (“Notice Period”) before releasing any of the Provider’s Confidential Information to allow the Provider to seek a protective order or take other legal action to prevent the release of its Confidential Information. Notwithstanding anything to the contrary in this Agreement, the Provider hereby agrees that Miami may deliver such notice via email or other electronic means. If the Provider fails to pursue protective legal action within the Notice Period, then Miami will disclose the requested Confidential Information, and such disclosure will not constitute a breach of this Agreement. The Provider acknowledges and agrees that (i) Miami has sole discretion in determining whether a record is a “public record” under the Act; (ii) Miami is under no obligation to redact any document on behalf of the Provider or to determine whether any of the Provider’s information qualifies for an exemption under the Act; (iii) the Provider shall bear all costs associated with pursuing any protective legal action to prevent the disclosure of its Confidential Information; and (iv) Miami may disclose copies of this Agreement, all statements of work, and all invoices, receipts, and purchase orders in response to any valid request made under the Act.
Ohio Public Records Act. Contractor hereby acknowledges that Miami, as a public university, is subject to the Ohio Public Records Act (ORC §149.43 et seq.). Miami is obligated to promptly produce public records when requested by the public. Nothing in the Agreement shall prevent Miami from fully complying with the Ohio Public Records Act. Contractor hereby authorizes Miami to disclose copies of this Agreement, and all invoices, receipts, and purchase orders related to the Agreement pursuant to a request made under the Ohio Public Records Act without first providing Contractor notice.
