Common use of Proprietary or Trade Secret Information Clause in Contracts

Proprietary or Trade Secret Information. (a) Unless exempted by law, all public records are subject to public inspection and copying under Florida’s Public Records Law, Chapter 119, F.S. Any claim by the Network Provider of proprietary or trade secret confidentiality for any information contained in the Network Provider’s documents (reports, deliverables or workpapers, etc., in paper or electronic form) submitted in connection with this contract will be waived, unless the claimed confidential information is submitted in accordance with the paragraph below. (b) The Network Provider must clearly label any portion of the documents, data or records submitted that it considers exempt from public inspection or disclosure pursuant to Florida’s Public Records Law as proprietary or trade secret. The labeling will include a justification citing specific statutes and facts that authorize exemption of the information from public disclosure. If different exemptions are claimed to be applicable to different portions of the protected information, the Network Provider shall include information correlating the nature of the claims to the particular protected information. (c) ChildNet and/or the Department, when required to comply with a public records request including documents submitted by the Network Provider, may require the Network Provider to expeditiously submit redacted copies of documents marked as confidential or trade secret in accordance with the paragraph above. Accompanying the submission shall be an updated version of the justification stated in the paragraph above, correlated specifically to redacted information. The redacted copy must exclude or obliterate only those exact portions that are claimed to be proprietary or trade secret. If the Network Provider fails to promptly submit a redacted copy and updated justification in accordance with this paragraph, ChildNet and/or the Department is authorized to produce the records sought without any redaction of proprietary or trade secret information. (d) ChildNet and/or the Department is not obligated to agree with the Network Provider’s claim of exemption on the basis of proprietary or trade secret confidentiality and the Network Provider shall be responsible for defending its claim that each and every portion of the redactions of proprietary or trade secret information are exempt from inspection and copying under Florida’s Public Records Law.

Proprietary or Trade Secret Information. (a) Unless exempted by law, all public records are subject to public inspection and copying under Florida’s Public Records Law, Chapter 119, F.S. Any claim by the Network Provider of proprietary or trade secret confidentiality for any information contained in the Network Provider’s documents (reports, deliverables or workpaperswork papers, etc., in paper or electronic form) submitted in connection with this contract will be waived, unless the claimed confidential information is submitted in accordance with the paragraph below. (b) The Network Provider must clearly label any portion of the documents, data or records submitted that it considers exempt from public inspection or disclosure pursuant to Florida’s Public Records Law as proprietary or trade secret. The labeling will include a justification citing specific statutes and facts that authorize exemption of the information from public disclosure. If different exemptions are claimed to be applicable to different portions of the protected information, the Network Provider shall include information correlating the nature of the claims to the particular protected information. (c) ChildNet and/or the Department, when required to comply with a public records request including documents submitted by the Network Provider, may require the Network Provider to expeditiously submit redacted copies of documents marked as confidential or trade secret in accordance with the paragraph above. Accompanying the submission shall be an updated version of the justification stated in the paragraph above, correlated specifically to redacted information. The redacted copy must exclude or obliterate only those exact portions that are claimed to be proprietary or trade secret. If the Network Provider fails to promptly submit a redacted copy and updated justification in accordance with this paragraph, ChildNet and/or the Department is authorized to produce the records sought without any redaction of proprietary or trade secret information. (d) ChildNet and/or the Department is not obligated to agree with the Network Provider’s claim of exemption on the basis of proprietary or trade secret confidentiality and the Network Provider shall be responsible for defending its claim that each and every portion of the redactions of proprietary or trade secret information are exempt from inspection and copying under Florida’s Public Records Law.