PUBLIC RECORDS ACT. This Agreement and all public records associated with this Agreement shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION agrees to make them promptly available to the COUNTY. If the ORGANIZATION considers any portion of any record provided to the COUNTY under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION for releasing records not clearly identified by the ORGANIZATION as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION relating to is performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 72 contracts
Samples: Lodging Tax Contract, Lodging Tax Contract, Lodging Tax Contract
PUBLIC RECORDS ACT. This Agreement and all public records associated with this Agreement shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION agrees to make them promptly available to the COUNTY. If the ORGANIZATION considers any portion of any record provided to the COUNTY under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION for releasing records not clearly identified by the ORGANIZATION as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. The ORGANIZATION agrees to indemnify and, to the greatest extent legally possible, to hold harmless and indemnify the COUNTY in for any action by a third third-party due to claims against the negligence, recklessness or intentional actions by the ORGANIZATION relating to is performance of this contract. This includes any lawsuit filed by a third party COUNTY for the COUNTY’s allegedly improper ORGANIZATION’S failure to notify third-parties of a public record release or to obtain an injunction prohibiting public release of confidential or proprietary information pursuant to a public records requestdocuments.
Appears in 32 contracts
Samples: Lodging Tax Contract, Lodging Tax Contract, Lodging Tax Contract
PUBLIC RECORDS ACT. This Agreement Contract and all public records associated with this Agreement Contract shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION agrees to make them promptly available to the COUNTY. If the ORGANIZATION considers any portion of any record provided to the COUNTY under this AgreementContract, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION for releasing records not clearly identified by the ORGANIZATION as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION relating to is its performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 20 contracts
Samples: Tourism Service Contract, Tourism Service Contract, Tourism Service Contract
PUBLIC RECORDS ACT. This Agreement and all public records associated with this Agreement shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION CONTRACTOR are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION CONTRACTOR agrees to make them promptly available to the COUNTY. If the ORGANIZATION CONTRACTOR considers any portion of any record provided to the COUNTY under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION CONTRACTOR shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION CONTRACTOR and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION CONTRACTOR (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION CONTRACTOR obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION CONTRACTOR fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION CONTRACTOR to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for releasing records not clearly identified by the ORGANIZATION CONTRACTOR as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION relating to is performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 6 contracts
Samples: Service Agreement, Service Agreement, Contract
PUBLIC RECORDS ACT. This Agreement and all public records associated with this Agreement shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION CONTRACTOR are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION CONTRACTOR agrees to make them promptly available to the COUNTY. If the ORGANIZATION CONTRACTOR considers any portion of any record provided to the COUNTY under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION CONTRACTOR shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION CONTRACTOR and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION CONTRACTOR (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION CONTRACTOR obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION CONTRACTOR fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION CONTRACTOR to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for releasing records not clearly identified by the ORGANIZATION CONTRACTOR as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION CONTRACTOR agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION CONTRACTOR relating to is performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 5 contracts
Samples: Developmental Disabilities Employment Services Agreement, Collection Agency Services Agreement, Collection Agency Services Agreement
PUBLIC RECORDS ACT. 25.1 This Agreement and all public records associated with the performance of this Agreement shall be available from the COUNTY Department for inspection and copying by the public where when required by the Public Records Act, Chapter 42.56 RCW (the “"Act”"). To the extent that public .
25.2 If records then in the custody of the ORGANIZATION Contractor are needed for by the COUNTY Department to respond to a request under the Act, as determined by the COUNTYDepartment, the ORGANIZATION Contractor agrees to make them promptly available to the COUNTYDepartment. Upon request by the Department, the Contractor further agrees to provide a detailed index of records associated with its performance of the contract. This index will allow for more efficient and accurate identification of potentially responsive records.
25.3 If the ORGANIZATION Contractor considers any portion of any record provided to associated with the COUNTY Contractor’s performance under this Agreement, whether in electronic or hard copy form, Agreement to be protected from disclosure under law, the ORGANIZATION Contractor shall clearly identify any the specific information that it claims to be confidential or proprietaryproprietary when the records are provided to the Department in response to a public records request. The Department retains sole discretion in the appropriateness and application of withholdings and redactions on all records.
25.4 If the COUNTY Department receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION Contractor as confidential or proprietary and the COUNTY Department determines that release of the information is required by the Act or otherwise is appropriate, the COUNTYDepartment’s sole obligations obligation shall be to notify the ORGANIZATION Contractor (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION Contractor obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION Contractor fails to timely obtain a court order enjoining disclosure, the COUNTY Department will release the requested information on the date specified. specified with whatever withholdings and redactions it deems proper.
25.5 The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION Department is not obligated to claim any exemption from disclosure under the ActAct on behalf of the Contractor. The COUNTY Department shall not be liable to the ORGANIZATION Contractor for releasing records not clearly identified by the ORGANIZATION Contractor as confidential or proprietary. The COUNTY Department shall not be liable to the ORGANIZATION Contractor for releasing any records that the COUNTY releases in compliance with this section section, in compliance with the Act, or in compliance with an order of a court of competent jurisdiction. ORGANIZATION agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION relating to is performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 3 contracts
Samples: Contract, Contract, General Terms and Conditions
PUBLIC RECORDS ACT. This Agreement Contract and all public records associated with this Agreement Contract shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (hereinafter referred to as the “ActACT”). To the extent that public records then in the custody of the ORGANIZATION CONTRACTOR are needed for the COUNTY to respond to a request under the ActACT, as determined by the COUNTY, the ORGANIZATION CONTRACTOR agrees to make them promptly available to the COUNTY. If the ORGANIZATION CONTRACTOR considers any portion of any record provided to the COUNTY under this AgreementContract, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION CONTRACTOR shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act ACT to inspect or copy the information so identified by the ORGANIZATION CONTRACTOR and the COUNTY determines that release of the information is required by the Act ACT or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION CONTRACTOR (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION CONTRACTOR obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION CONTRACTOR fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION CONTRACTOR to claim any exemption from disclosure under the ActACT. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for releasing records not clearly identified by the ORGANIZATION CONTRACTOR as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION relating to is performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 2 contracts
Samples: Personal Service Contract, Personal Service Contract
PUBLIC RECORDS ACT. A. This Agreement and all public records associated with this Agreement shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION HOST are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION HOST agrees to make them promptly available to the COUNTY. If the ORGANIZATION HOST considers any portion of any record provided to the COUNTY under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION HOST shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION HOST and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION HOST (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION HOST obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION HOST fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. .
B. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION HOST to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION HOST for releasing records not clearly identified by the ORGANIZATION HOST as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION HOST for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION agrees to indemnify and.
C. Any and all data, reports, analyses, documents, photographs, pamphlets, plans, specifications, surveys, films or any other materials created, prepared, produced, constructed, assembled, made, performed or otherwise produced by the HOST or the HOST’s sub Hosts or consultants for delivery to the greatest extent legally possibleCOUNTY under this Agreement shall be the sole and absolute property of the COUNTY. Such property shall constitute “work made for hire” as defined by the U.S. Copyright Act of 1976, to hold harmless 17 U.S.C. § 101, and the ownership of the copyright and any other intellectual property rights in such property shall vest in the COUNTY in any action by a third party due at the time of its creation. Ownership of the intellectual property includes the right to copyright, patent, and register, and the negligenceability to transfer these rights. Material which the HOST uses to perform this Agreement but is not created, recklessness prepared, constructed, assembled, made, performed or intentional actions otherwise produced for or paid for by the ORGANIZATION relating to COUNTY is performance owned by the HOST and is not “work made for hire” within the terms of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records requestAgreement.
Appears in 2 contracts
Samples: Park Host Agreement, Park Host Agreement
PUBLIC RECORDS ACT. This Agreement and all public records associated with this Agreement shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION CONTRACTOR are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION CONTRACTOR agrees to make them promptly available to the COUNTY. If the ORGANIZATION CONTRACTOR considers any portion of any record provided to the COUNTY under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION CONTRACTOR shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION CONTRACTOR and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION CONTRACTOR (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION CONTRACTOR obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION CONTRACTOR fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION CONTRACTOR to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for releasing records not clearly identified by the ORGANIZATION CONTRACTOR as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION XXXXXXXXXX agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION CONTRACTOR relating to is performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 2 contracts
Samples: Collection Agency Services Agreement, Contract #2016 17 Ccap Housing
PUBLIC RECORDS ACT. This Agreement CONTRACT and all public records associated with this Agreement CONTRACT shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION CONTRACTOR are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION CONTRACTOR agrees to make them promptly available to the COUNTY. If the ORGANIZATION CONTRACTOR considers any portion of any record provided to the COUNTY under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION CONTRACTOR shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION CONTRACTOR and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION CONTRACTOR (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION CONTRACTOR obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION CONTRACTOR fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION CONTRACTOR to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for releasing records not clearly identified by the ORGANIZATION CONTRACTOR as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION CONTRACTOR agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION CONTRACTOR relating to is his performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request. The CONTRACTOR shall comply with all Washington State Supreme Court Rules regarding confidentiality of client communications.
Appears in 2 contracts
Samples: Indigent Defense Contract for Legal Services, Indigent Defense Contract for Legal Services
PUBLIC RECORDS ACT. A. This Agreement and all public records associated with this Agreement shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION HOST are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION HOST agrees to make them promptly available to the COUNTY. If the ORGANIZATION HOST considers any portion of any record provided to the COUNTY under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION HOST shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION HOST and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION HOST (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION HOST obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION HOST fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. .
B. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION HOST to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION HOST for releasing records not clearly identified by the ORGANIZATION HOST as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION HOST for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION agrees to indemnify and.
C. Any and all data, reports, analyses, documents, photographs, pamphlets, plans, specifications, surveys, films or any other materials created, prepared, produced, constructed, assembled, made, performed or otherwise produced by the HOST or the HOST’s subHOSTs or consultants for delivery to the greatest extent legally possibleCOUNTY under this Agreement shall be the sole and absolute property of the COUNTY. Such property shall constitute “work made for hire” as defined by the U.S. Copyright Act of 1976, to hold harmless 17 U.S.C. § 101, and the ownership of the copyright and any other intellectual property rights in such property shall vest in the COUNTY in any action by a third party due at the time of its creation. Ownership of the intellectual property includes the right to copyright, patent, and register, and the negligenceability to transfer these rights. Material which the HOST uses to perform this Agreement but is not created, recklessness prepared, constructed, assembled, made, performed or intentional actions otherwise produced for or paid for by the ORGANIZATION relating to COUNTY is performance owned by the HOST and is not “work made for hire” within the terms of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records requestAgreement.
Appears in 2 contracts
Samples: Park Host Agreement, Park Host Agreement
PUBLIC RECORDS ACT. This Agreement and all public records associated with this Agreement shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION CONSULTANT are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION CONSULTANT agrees to make them promptly available to the COUNTY. If the ORGANIZATION CONSULTANT considers any portion of any record provided to the COUNTY under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION CONSULTANT shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION CONSULTANT and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION CONSULTANT (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION CONSULTANT obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION CONSULTANT fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION CONSULTANT to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION CONSULTANT for releasing records not clearly identified by the ORGANIZATION CONSULTANT as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION CONSULTANT for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION CONSULTANT agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION CONSULTANT relating to is its performance of this contractAgreement. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 2 contracts
Samples: On Call Professional Services Agreement, On Call Professional Services Agreement
PUBLIC RECORDS ACT. This Agreement and all public records associated with this Agreement shall be available from the COUNTY SSA for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION SSA are needed for the COUNTY Client to respond to a request under the Act, as determined by the COUNTYClient, the ORGANIZATION SSA agrees to make them promptly available to the COUNTYClient. If the ORGANIZATION SSA considers any portion of any record provided to the COUNTY Client under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION SSA shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY Client receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION SSA and the COUNTY Client determines that release of the information is required by the Act or otherwise appropriate, the COUNTYClient’s sole obligations shall be to notify the ORGANIZATION SSA (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION SSA obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION SSA fails to timely obtain a court order enjoining disclosure, the COUNTY Client will release the requested information on the date specified. The COUNTY Client has, and by this section assumes, no obligation on behalf of the ORGANIZATION SSA to claim any exemption from disclosure under the Act. The COUNTY Client shall not be liable to the ORGANIZATION SSA for releasing records not clearly identified by the ORGANIZATION SSA as confidential or proprietary. The COUNTY Client shall not be liable to the ORGANIZATION SSA for any records that the COUNTY Client releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION A member of the public could request public records from the SSA directly. The SSA agrees to notify Client within one (1) business day of any request for public records that include Client supplied documents, including the name of the requestor and the documents sought, to allow the Client to facilitate the prompt review and supply of the documents. All Public Records prepared, owned, used or retained in conjunction with this Contract shall be subject to retention in accordance with the Local Government Common Records Retention Schedule (CORE) as published by the WA State Office of the Secretary of State/WA State Archives. The SSA agrees to indemnify and, to the greatest extent legally possible, to and hold harmless the COUNTY in Client from any action by a third third-party due to the negligence, recklessness claims concerning public document requests and fulfillment that arise from SSA’s reckless or intentional actions by the ORGANIZATION relating to is performance negligent release or nonrelease of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records requestrecords.
Appears in 1 contract
Samples: Professional Services
PUBLIC RECORDS ACT. This Agreement and all public records associated with this Agreement shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION CONTRACTOR are needed for the COUNTY to respond to a the request under the Act, as determined by the COUNTY, the ORGANIZATION CONTRACTOR agrees to make them promptly available to the COUNTY. If the ORGANIZATION CONTRACTOR considers any portion of any record provided to the COUNTY under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION CONTRACTOR shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION CONTRACTOR and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION CONTRACTOR (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION CONTRACTOR obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION CONTRACTOR fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION CONTRACTOR to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for releasing records not clearly identified by the ORGANIZATION CONTRACTOR as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION CONTRACTOR agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION CONTRACTOR relating to is performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 1 contract
Samples: Construction Contract
PUBLIC RECORDS ACT. This Agreement and all public records associated with this Agreement shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION CONTRACTOR are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION CONTRACTOR agrees to make them promptly available to the COUNTY. If the ORGANIZATION CONTRACTOR considers any portion of any record provided to the COUNTY under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION CONTRACTOR shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION CONTRACTOR and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION CONTRACTOR (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION CONTRACTOR obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION CONTRACTOR fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION CONTRACTOR to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for releasing records not clearly identified by the ORGANIZATION CONTRACTOR as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION CONTRACTOR agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION CONTRACTOR relating to is performance of this contractAgreement. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 1 contract
PUBLIC RECORDS ACT. This Agreement Contract and all public records associated with this Agreement Contract shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION EDC are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION EDC agrees to make them promptly available to the COUNTY. If the ORGANIZATION EDC considers any portion of any record provided to the COUNTY under this AgreementContract, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION EDC shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION EDC and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION EDC (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION EDC obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION EDC fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION EDC to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION EDC for releasing records not clearly identified by the ORGANIZATION EDC as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION EDC for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION EDC agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION EDC relating to is performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 1 contract
Samples: Contract for Technical Services
PUBLIC RECORDS ACT. This Agreement and all public records associated with this Agreement shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION CONTRACTOR are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION CONTRACTOR agrees to make them promptly available to the COUNTY. If the ORGANIZATION CONTRACTOR considers any portion of any record provided to the COUNTY under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION CONTRACTOR shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION CONTRACTOR and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION CONTRACTOR (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION CONTRACTOR obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION CONTRACTOR fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION CONTRACTOR to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for releasing records not clearly identified by the ORGANIZATION CONTRACTOR as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION XXXXXXXXXX agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION CONTRACTOR relating to is its performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 1 contract
Samples: Personal Service Contract
PUBLIC RECORDS ACT. This Agreement and all public records associated with this Agreement shall be available from CONTRACTOR hereby acknowledges that the COUNTY for inspection is a governmental entity and copying by as such is subject to the public where required by requirements of the Public Records Act, Chapter RCW 42.56 RCW (et seq. Accordingly, CONTRACTOR understands that to the “Act”)extent a proper request is made, the COUNTY may be required by virtue of that Act to disclose any records actually in its possession or deemed by judicial determination to be in its possession, which may include records provided to the COUNTY by CONTRACTOR that CONTRACTOR might regard as confidential or proprietary. To the extent that public CONTRACTOR provides any records then in the custody of the ORGANIZATION are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION agrees to make them promptly available to the COUNTY. If the ORGANIZATION considers any portion of any record provided to the COUNTY under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION for releasing records not clearly identified by the ORGANIZATION regards as confidential or proprietary, it agrees to conspicuously xxxx the records as such. CONTRACTOR also hereby waives any and all claims or causes of action for any injury it may suffer by virtue of COUNTY’S release of records covered under the Public Records Act. COUNTY agrees to take all reasonable steps to notify CONTRACTOR in a timely fashion of any request made under the Public Records Act which will require disclosure of any records marked by CONTRACTOR as confidential or proprietary, so that CONTRACTOR may seek a judicial order of protection if necessary. The COUNTY parties to this Contract have executed this Contract to take effect as of the date written below. DATED: DATED: Chairman [Print Name] Member Member Constituting the Board of County Commissioners of Xxxxxx County, Washington. Attest: _ , Clerk of the Board Approved as to Form:
1. All duties of CONTRACTOR shall not be liable performed pursuant to the ORGANIZATION for any records that direction of the COUNTY releases COUNTY’S Planning Manager or his or her designee.
2. CONTRACTOR shall assist in compliance with this section or in compliance with an order the implementation and improvement of a court of competent jurisdiction. ORGANIZATION agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION relating to is performance of this contract. This includes any lawsuit filed by a third party hearing examiner system for the COUNTY’s allegedly improper release , and such assistance shall include but is not limited to preparing for the COUNTY’S review and use proposed Rules of confidential Procedure of the Office of Hearing Examiner that comply with Ordinance No. 559 and all applicable law.
3. CONTRACTOR shall, at the COUNTY’S request, conduct hearings, render decisions and perform all necessary related acts in order to fulfill the duties set forth in Xxxxxx County Ordinance No. 559, as currently in effect or proprietary as hereafter amended. Such related acts include, but are not limited to, receiving and examining all information pursuant presented to it, conducting all necessary public hearings, preparing and adopting written Findings of Fact and Conclusions of Law and Decisions, when legally required or when otherwise appropriate. Such decisions shall be rendered within the time period allowed by Ordinance No. 559 as currently in effect or as hereafter amended.
4. CONTRACTOR shall regularly hold hearings on dates convenient to staff and as frequently as needed to review and decide upon applications in a public records requesttimely manner. Unless special notification is given otherwise, hearings will be held in the Xxxxxx County Planning Annex Hearing Room in Prosser, Washington. CONTRACTOR may schedule special meetings and continued meetings, as deemed necessary and with concurrence of the COUNTY.
5. CONTRACTOR will work independently and without direct supervision. CONTRACTOR will remain fully knowledgeable of COUNTY zoning code and all other COUNTY codes, regulations, ordinances, resolutions and policies affecting the areas of concern related to CONTRACTOR’S duties.
6. CONTRACTOR shall perform its duties under the Contract to the COUNTY’S satisfaction, including, but not limited to, conducting orderly and impartial hearings, creating a professional and courteous environment for applicants, citizens and staff; and timely preparing decisions based on sound reasoning and all applicable law. When deemed appropriate and under the circumstances allowed by law, CONTRACTOR shall make site visits to familiarize itself with the site of the proposed land use and surrounding area.
7. CONTRACTOR shall provide all office space and equipment necessary to perform its obligations under this Contract and shall maintain an active e-mail address for electronic communications and transfer of information.
8. CONTRACTOR shall annually report in writing to the COUNTY by December 1, 2015, regarding the decisions rendered during the year and state any recommendations for changing or improving the COUNTY’S hearing examiner system.
Appears in 1 contract
Samples: Personal Services Contract
PUBLIC RECORDS ACT. This Agreement CONTRACT and all public records associated with this Agreement CONTRACT shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION RECIPIENT are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION RECIPIENT agrees to make them promptly available to the COUNTY. If the ORGANIZATION RECIPIENT considers any portion of any record provided to the COUNTY under this AgreementCONTRACT, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION RECIPIENT shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION RECIPIENT and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION RECIPIENT (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION RECIPIENT obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION RECIPIENT fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION RECIPIENT to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION RECIPIENT for releasing records not clearly identified by the ORGANIZATION RECIPIENT as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION RECIPIENT for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION relating to is performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 1 contract
Samples: Contract for Services
PUBLIC RECORDS ACT. A. This Agreement and all public records associated with this Agreement shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION CONTRACTOR are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION CONTRACTOR agrees to make them promptly available to the COUNTY. If the ORGANIZATION CONTRACTOR considers any portion of any record provided to the COUNTY under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION CONTRACTOR shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION CONTRACTOR and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION CONTRACTOR (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION CONTRACTOR obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION CONTRACTOR fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. .
B. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION CONTRACTOR to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for releasing records not clearly identified by the ORGANIZATION CONTRACTOR as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION .
C. CONTRACTOR agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION CONTRACTOR relating to is performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 1 contract
Samples: Maintenance and Operation Contract
PUBLIC RECORDS ACT. A. This Agreement Contract and all public records associated with this Agreement Contract shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION CONTRACTOR are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION CONTRACTOR agrees to make them promptly available to the COUNTY. If the ORGANIZATION CONTRACTOR considers any portion of any record provided to the COUNTY under this AgreementContract, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION CONTRACTOR shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION CONTRACTOR and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION CONTRACTOR (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION CONTRACTOR obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION CONTRACTOR fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. .
B. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION CONTRACTOR to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for releasing records not clearly identified by the ORGANIZATION CONTRACTOR as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION agrees to indemnify and.
C. Any and all data, reports, analyses, documents, photographs, pamphlets, plans, specifications, surveys, films or any other materials created, prepared, produced, constructed, assembled, made, performed or otherwise produced by the CONTRACTOR or the CONTRACTOR’S subcontractor’s or consultants for delivery to the greatest extent legally possibleCOUNTY under this Contract shall be the sole and absolute property of the COUNTY. Such property shall constitute “work made for hire” as defined by the U.S. Copyright Act of 1976, to hold harmless 17 U.S.C. § 101, and the ownership of the copyright and any other intellectual property rights in such property shall vest in the COUNTY in any action by a third party due at the time of its creation. Ownership of the intellectual property includes the right to copyright, patent, and register, and the negligenceability to transfer these rights. Material which the CONTRACTOR uses to perform this Contract but is not created, recklessness prepared, constructed, assembled, made, performed or intentional actions otherwise produced for or paid for by the ORGANIZATION relating to COUNTY is performance owned by the CONTRACTOR and is not “work made for hire” within the terms of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records requestContract.
Appears in 1 contract
PUBLIC RECORDS ACT. A. This Agreement Contract and all public records associated with this Agreement Contract shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION CONTRACTOR are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION CONTRACTOR agrees to make them promptly available to the COUNTY. If the ORGANIZATION CONTRACTOR considers any portion of any record provided to the COUNTY under this AgreementContract, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION CONTRACTOR shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION CONTRACTOR and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION CONTRACTOR (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION CONTRACTOR obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION CONTRACTOR fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. .
B. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION CONTRACTOR to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for releasing records not clearly identified by the ORGANIZATION CONTRACTOR as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION agrees to indemnify and.
C. Any and all data, reports, analyses, documents, photographs, pamphlets, plans, specifications, surveys, films or any other materials created, prepared, produced, constructed, assembled, made, performed or otherwise produced by CONTRACTOR or CONTRACTOR’s subcontractors or consultants for delivery to the greatest extent legally possibleCOUNTY under this Contract shall be the sole and absolute property of the COUNTY. Such property shall constitute “work made for hire” as defined by the U.S. Copyright Act of 1976, to hold harmless 17 U.S.C. § 101, and the ownership of the copyright and any other intellectual property rights in such property shall vest in the COUNTY in any action by a third party due at the time of its creation. Ownership of the intellectual property includes the right to copyright, patent, and register, and the negligenceability to transfer these rights. Material which CONTRACTOR uses to perform this Contract but is not created, recklessness prepared, constructed, assembled, made, performed or intentional actions otherwise produced for or paid for by the ORGANIZATION relating to COUNTY is performance owned by CONTRACTOR and is not “work made for hire” within the terms of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records requestContract.
Appears in 1 contract
Samples: Personal Services Contract
PUBLIC RECORDS ACT. This Agreement Contract and all public records associated with this Agreement Contract shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION CONTRACTOR are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION CONTRACTOR agrees to make them promptly available to the COUNTY. If the ORGANIZATION CONTRACTOR considers any portion of any record provided to the COUNTY under this AgreementContract, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION CONTRACTOR shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION CONTRACTOR and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION CONTRACTOR (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION CONTRACTOR obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION CONTRACTOR fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION CONTRACTOR to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for releasing records not clearly identified by the ORGANIZATION CONTRACTOR as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION XXXXXXXXXX agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION CONTRACTOR relating to is its performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 1 contract
PUBLIC RECORDS ACT. This Agreement and all public records associated with this Agreement shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION RECIPIENT are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION RECIPIENT agrees to make them promptly available to the COUNTY. If the ORGANIZATION RECIPIENT considers any portion of any record provided to the COUNTY under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION RECIPIENT shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION RECIPIENT and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION RECIPIENT (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION RECIPIENT obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION RECIPIENT fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION RECIPIENT to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION RECIPIENT for releasing records not clearly identified by the ORGANIZATION RECIPIENT as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION RECIPIENT for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION RECIPIENT agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION RECIPIENT relating to is its performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 1 contract
Samples: Contract for Services
PUBLIC RECORDS ACT. A. This Agreement Contract and all public records associated with this Agreement Contract shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION CONTRACTOR are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION CONTRACTOR agrees to make them promptly available to the COUNTY. If the ORGANIZATION CONTRACTOR considers any portion of any record provided to the COUNTY under this AgreementContract, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION CONTRACTOR shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION CONTRACTOR and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION CONTRACTOR (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION CONTRACTOR obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION CONTRACTOR fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. .
B. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION CONTRACTOR to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for releasing records not clearly identified by the ORGANIZATION CONTRACTOR as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION agrees to indemnify and.
C. Any and all data, reports, analyses, documents, photographs, pamphlets, plans, specifications, surveys, films or any other materials created, prepared, produced, constructed, assembled, made, performed or otherwise produced by the CONTRACTOR or the CONTRACTOR’s subcontractors or consultants for delivery to the greatest extent legally possibleCOUNTY under this Contract shall be the sole and absolute property of the COUNTY. Such property shall constitute “work made for hire” as defined by the U.S. Copyright Act of 1976, to hold harmless 17 U.S.C. § 101, and the ownership of the copyright and any other intellectual property rights in such property shall vest in the COUNTY in any action by a third party due at the time of its creation. Ownership of the intellectual property includes the right to copyright, patent, and register, and the negligenceability to transfer these rights. Material which the CONTRACTOR uses to perform this Contract but is not created, recklessness prepared, constructed, assembled, made, performed or intentional actions otherwise produced for or paid for by the ORGANIZATION relating to COUNTY is performance owned by the CONTRACTOR and is not “work made for hire” within the terms of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records requestContract.
Appears in 1 contract
PUBLIC RECORDS ACT. This Agreement CONTRACT and all public records associated with this Agreement CONTRACT shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION VENDOR are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION VENDOR agrees to make them promptly available to the COUNTY. If the ORGANIZATION VENDOR considers any portion of any record provided to the COUNTY under this AgreementCONTRACT, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION VENDOR shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION VENDOR and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION VENDOR (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION VENDOR obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION VENDOR fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION VENDOR to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION VENDOR for releasing records not clearly identified by the ORGANIZATION VENDOR as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION VENDOR for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION relating to is performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 1 contract
Samples: Vendor Agreement
PUBLIC RECORDS ACT. 18.1 This Agreement and all public records associated with this Agreement Contract shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION CONTRACTOR are needed for the COUNTY to respond to a the request under the Act, as determined by the COUNTY, the ORGANIZATION CONTRACTOR agrees to make them promptly available to the COUNTY. If the ORGANIZATION CONTRACTOR considers any portion of any record provided to the COUNTY under this AgreementContract, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION CONTRACTOR shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION CONTRACTOR and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION CONTRACTOR (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION CONTRACTOR obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION CONTRACTOR fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. .
18.2 The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION CONTRACTOR to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for releasing records not clearly identified by the ORGANIZATION CONTRACTOR as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION .
18.3 CONTRACTOR agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION CONTRACTOR relating to is performance of this contractContract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 1 contract
Samples: Construction Contract
PUBLIC RECORDS ACT. This Agreement and all public records associated with this Agreement shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION LESSEE are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION LESSEE agrees to make them promptly available to the COUNTY. If the ORGANIZATION LESSEE considers any portion of any record provided to the COUNTY under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION LESSEE shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION LESSEE and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION LESSEE (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION LESSEE obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION LESSEE fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION LESSEE to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION LESSEE for releasing records not clearly identified by the ORGANIZATION LESSEE as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION LESSEE for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION LESSEE agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION LESSEE relating to is performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 1 contract
Samples: Lease Agreement
PUBLIC RECORDS ACT. 16.1 This Agreement Contract and all public records associated with this Agreement Contract shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the ORGANIZATION CONTRACTOR are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, the ORGANIZATION CONTRACTOR agrees to make them promptly available to the COUNTY. If the ORGANIZATION CONTRACTOR considers any portion of any record provided to the COUNTY under this AgreementContract, whether in electronic or hard copy form, to be protected from disclosure under law, the ORGANIZATION CONTRACTOR shall clearly identify any specific information that it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by the ORGANIZATION CONTRACTOR and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY’s sole obligations shall be to notify the ORGANIZATION CONTRACTOR (a) of the request and (b) of the date that such information will be released to the requester unless the ORGANIZATION CONTRACTOR obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the ORGANIZATION CONTRACTOR fails to timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of the ORGANIZATION CONTRACTOR to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for releasing records not clearly identified by the ORGANIZATION CONTRACTOR as confidential or proprietary. The COUNTY shall not be liable to the ORGANIZATION CONTRACTOR for any records that the COUNTY releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. ORGANIZATION XXXXXXXXXX agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party due to the negligence, recklessness or intentional actions by the ORGANIZATION CONTRACTOR relating to is its performance of this contract. This includes any lawsuit filed by a third party for the COUNTY’s allegedly improper release of confidential or proprietary information pursuant to a public records request.
Appears in 1 contract
Samples: Contract for Construction Services