Proprietary Information/Public Disclosure Sample Clauses

Proprietary Information/Public Disclosure. All materials or information provided to State by Lessee shall become public records within the meaning of the Public Records Act, RCW 42.56, and are subject to disclosure to the public unless an exemption applies.
Sample 1Sample 2Sample 3See All (11)
AutoNDA by SimpleDocs
Proprietary Information/Public Disclosure. All materials or information provided to KID by Xxxxxx shall become public records within the meaning of the Public Records Act, RCW 42.56, and are subject to disclosure to the public unless an exemption applies.
Sample 1
Proprietary Information/Public Disclosure. All materials submitted to the City in responses to this competitive procurement shall become the property of the City.
Sample 1
Proprietary Information/Public Disclosure. Any materials and other written and electronic records submitted by Lessee to State are subject to disclosure under the Public Records Act, Chapter 42.56
Sample 1
Proprietary Information/Public Disclosure. Any proposals submitted in response to a competitive procurement shall become the property of the Buyer. All proposals received shall remain confidential until the Purchase and Sale Agreement, if any, resulting from the Request for Qualifications and Quotations (RFQQ), is signed by the [17 WSDOT REGION] Regional Administrator of the Washington State Department of Transportation, or his/her Designee, and the apparent successful vendor; thereafter, the proposals shall be deemed public records as defined in Chapter 42.56 of the Revised Code of Washington (RCW). Any information in this agreement that the Vendor desires to claim as proprietary and exempt from disclosure under the provisions of Chapter 42.56 RCW must be clearly designated. The information must be clearly identified and the particular exemption from disclosure upon which the Vendor is making the claim must be cited. Each page containing the information claimed to be exempt from disclosure must be clearly identified by the words “Proprietary Information” printed on the lower right hand corner of the page. Marking the entire agreement exempt from disclosure or as Proprietary Information will not be honored. Buyer will advise the Vendor of any request pursuant to RCW 42.56, the Washington Public Records Act, or any other applicable laws for the disclosure of this agreement or materials related thereto so as to allow the Vendor the opportunity to protect such materials from disclosure. Under no circumstances, however, will the Buyer be responsible or liable to the Vendor or any other Party for the disclosure of any such materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of Buyer or its officers, employees, contractors, or consultants. In the event of litigation concerning the disclosure pursuant to Chapter 42.56 RCW of any materials related to this agreement to which Vendor objects, Buyer’s sole involvement will be as a stakeholder retaining the material until otherwise ordered by the court. The Vendor shall be responsible for otherwise prosecuting or defending any action concerning the materials at its sole expense and risk. A charge will be made for copying and shipping any such records, as outlined in RCW 42.56. No fee shall be charged for inspection of contract files, but twenty-four (24) hours’ notice is required.
Sample 1
Proprietary Information/Public Disclosure. Materials or information submitted as required in this Agreement shall become public records within the meaning of RCW Chapter 42.56.
Sample 1
Proprietary Information/Public Disclosure. Materials submitted in response to this competitive procurement shall become the property of Ecology. All responses received shall remain confidential until the contract, if any, resulting from this RFQ/Q is signed by Ecology and the apparent successful Bidder; thereafter the responses shall be deemed public records as defined in RCW 42.17.250 to .340. In the event a Bidder desires to claim that portions of its response are exempt from disclosure under the provisions of RCW 42.17.250 to .340, it is incumbent upon the Bidder to identify those portions in the Bidder's response transmittal letter. The transmittal letter must identify the page and the particular exception(s) from disclosure upon which it is making its claim. Each page claimed to be exempt from disclosure must be clearly identified by the word "confidential" printed on the lower right hand corner of the page. Ecology will consider a Bidder's request(s) for exemption from disclosure; however, Ecology will make a decision predicated upon applicable laws. An assertion by a Bidder that an entire volume of its proposal is exempt from disclosure will not be honored. Any request for materials will be charged for copying and shipping charges as outlined in RCW 42.17.300. No fee shall be charged for inspection of contract files, but twenty-four hours notice to Ecology is required. Requests for information should be addressed to the Contract/Grants Administration Unit. I/we make the following certifications and assurances as a required element of the bid or proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract(s): 1. The prices and/or cost data have been determined independently, without consultation, communication or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal or bid. 2. The attached proposal or bid is a firm offer for a period of 60 days following receipt, and it may be accepted by the Department of Ecology without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 60-day period. 3. In preparing this proposal or bid, I/we have not been assisted by any current or former employee of the State of Washington whose duties relate (or did relate...
Sample 1
AutoNDA by SimpleDocs
Proprietary Information/Public Disclosure. Subsequent to bid opening, all information submitted by Bidders in response to the bid solicitation is considered public information, except as may be exempted from public disclosure by the Open Public Records Act, N.J.S.A. 47:1A- et seq., and the common law. If the Agency determines it will request Best and Final Offers, bid proposals will not be made public until the Letter of Intent to Award is issued. A Bidder may designate specific information as not subject to disclosure when the Bidder has a good faith legal/factual basis for such assertion. The Agency reserves the right to make the determination and will advise the Bidder accordingly. The location in the bid proposal of any such designation should be clearly stated in a cover letter. The Agency will not honor any attempt by a Bidder either to designate its entire bid proposal as proprietary and/or to claim copyright protection for its entire proposal. All bid proposals, with the exception of information determined by the Agency or the Court to be proprietary, are available for public inspection after the Letter of Intent to Award is issued. At such time, interested parties can make an appointment with the Procurement Department to inspect bid proposals received in response to this RFP.
Sample 1
Proprietary Information/Public Disclosure. Materials or information submitted as required in this Agreement shall become public records within the meaning of RCW Chapter 42.56. Any submitted materials or information that the Lessee claims as exempt from disclosure under the provisions of RCW 42.56.210 must be clearly designated. The page must be identified and the particular exemption from disclosure upon which the Lessee is making the claim must be identified by the RCW citation number. The State will consider a Xxxxxx's request for exemption from disclosure; however, the State will make an independent decision on the applicability of any claimed exemption consistent with applicable laws. The portion of a document claimed as exempt must qualify for exempt status as identified in RCW 42.56. Marking the entire submitted materials or information exempt from disclosure cannot be honored. If a public records request is made regarding materials that the Lessee has requested as exempt, the affected Lessee will be given notice of the request and allowed ten business days to seek a court injunction against the requested disclosure prior to the State fulfilling the public records request.
Sample 1

Related to Proprietary Information/Public Disclosure

  • Confidential Information; Non-Disclosure In consideration of your access to certain Confidential Information (as defined below) of the Company, in connection with your business relationship with the Company, you hereby represent and agree as follows:

  • Proprietary Information The Software, any data base and any proprietary data, processes, information and documentation made available to the Fund (other than which are or become part of the public domain or are legally required to be made available to the public) (collectively, the “Information”), are the exclusive and confidential property of Custodian or its suppliers. The Fund shall keep the Information confidential by using the same care and discretion that the Fund uses with respect to its own confidential property and trade secrets, but not less than reasonable care. Upon termination of the Agreement or the Software license granted herein for any reason, the Fund shall return to Custodian any and all copies of the Information which are in its possession or under its control.

  • Confidential Information (a) The Executive recognizes that the services to be performed by the Executive hereunder are special, unique, and extraordinary and that, by reason of such employment with the Company, the Executive may acquire Confidential Information concerning the operation of the Company, the use or disclosure of which would cause the Company substantial loss and damages which could not be readily calculated and for which no remedy at law would be adequate. Accordingly, the Executive agrees that the Executive will not (directly or indirectly) at any time, whether during or after the Executive’s employment hereunder, (i) knowingly use for an improper personal benefit any Confidential Information that the Executive may learn or has learned by reason of the Executive’s employment with the Company or (ii) disclose any such Confidential Information to any Person except (A) in the performance of the Executive’s obligations to the Company hereunder, (B) as required by applicable law, (C) in connection with the enforcement of the Executive’s rights under this Agreement, (D) in connection with any disagreement, dispute or litigation (pending or threatened) between the Executive and the Company or (E) with the prior written consent of the Board of Directors. As used herein, “Confidential Information” includes information with respect to the operation and performance of the Company, its investments, portfolio companies, products, services, facilities, product methods, research and development, trade secrets and other intellectual property, systems, patents and patent applications, procedures, manuals, confidential reports, product price lists, customer lists, financial information, business plans, prospects or opportunities (including, as applicable, all of the foregoing information regarding the Company’s past, current and prospective portfolio companies); provided, however, that such term, shall not include any information that (x) is or becomes generally known or available other than as a result of a disclosure by the Executive or (y) is or becomes known or available to the Executive on a nonconfidential basis from a source (other than the Company) that, to the Executive’s knowledge, is not prohibited from disclosing such information to the Executive by a legal, contractual, fiduciary or other obligation to the Company. (b) The Executive confirms that all Confidential Information is the exclusive property of the Company. All business records, papers and documents kept or made by the Executive while employed by the Company relating to the business of the Company shall be and remain the property of the Company at all times. Upon the request of the Company at any time, the Executive shall promptly deliver to the Company, and shall retain no copies of, any written materials, records and documents made by the Executive or coming into the Executive’s possession while employed by the Company concerning the business or affairs of the Company other than personal materials, records and documents (including notes and correspondence) of the Executive not containing proprietary information relating to such business or affairs. Notwithstanding the foregoing, the Executive shall be permitted to retain copies of, or have access to, all such materials, records and documents relating to any disagreement, dispute or litigation (pending or threatened) between the Executive and the Company.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!