OMPA Confidentiality. Contractor understands and acknowledges that OMPA is a governmental 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, OMPA will not disclose (except to officers, employees, and contractors of OMPA) information which is specifically designated in writing by Contractor as being proprietary and confidential. General statements (including generally applicable headers or footers) stating that all information is proprietary and confidential are insufficient to confer confidential status on information Contractor seeks to designate as confidential or proprietary. The provisions of this paragraph will not apply to information, notwithstanding any confidential designation thereof, which (a) is previously known to OMPA 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 by OMPA, or (d) is received from a third party without limitation or restriction on the third party or OMPA at the time of disclosure. Contractor understands and acknowledges that OMPA's duties under the Oklahoma Open Records Act, 51 O.S. § 24A.1, et seq., and/or other law applicable to governmental entities may require OMPA to disclose information which has been designated by Contractor as proprietary and confidential. If OMPA receives a request to disclose information which has been designated by Contractor to be confidential or proprietary, before disclosing the information, OMPA will provide Contractor with advance notice of the information requested and OMPA's intent to disclose.
