Operator Requests and District Non-Disclosure Sample Clauses

Operator Requests and District Non-Disclosure. (i) The Operator acknowledges that the District may be required to disclose information upon request under Applicable Law and, more specifically, the Louisiana Public Records Act. The Operator may request in writing that the District not publicly disclose any information which the Operator believes to be Confidential Information not subject to public disclosure under Applicable Law, accompanied by an explanation of its reasons for such belief. The District shall physically separate the information subject to the Operator request, clearly marking all pages and binding such information separately from the non-proprietary information. At the Operator’s request, the District and its Representatives given access to such information shall execute and comply with the terms of a confidentiality agreement in a mutually acceptable form, subject to Applicable Law. (ii) In the event the District receives a request from the public for the disclosure of any information designated as Confidential Information by the Operator pursuant to Section 10.3(b)(i) above, the District (A) shall consistent with Applicable Law, provide notice to the Operator of the request prior to any disclosure, and (B) keep in confidence and not disclose such information unless it is entitled to do so pursuant to the provisions of Section 10.3(c) below. The Operator shall indemnify, hold harmless and defend the District against all Loss-and-Expense incurred from the withholding from public disclosure of information designated as Confidential Information by the Operator or otherwise requested by the Operator to be withheld. (iii) The District and the Parish, as public entities, are governed by the provisions of the Louisiana Public Records Act (La. R.S. 44:1, et seq.) and are obligated to disclose all non-exempted public records to the public upon request. While trade secrets and other proprietary information may not be subject to public disclosure, the Operator must clearly xxxx all documents or information it believes are exempt from public records disclosure and specifically justify the exemption. The District and Parish will not credit any blanket exemption claims lacking specific justification and cannot guarantee the confidentiality of any documents submitted to them. All final determinations as to which information, if any, is exempt from disclosure rests with the District and Parish.