Common use of Withholding and Redacting Clause in Contracts

Withholding and Redacting. If the SJVIA for any reason requests any records, data, or documents from the Contractor and the Contractor believes that the responsive documents contain trade secrets, proprietary information, or other information that is subject to legal privilege or separate legally-enforceable obligation of the Contractor to withhold, then the Contractor may do the following: (A) The Contractor may redact the records or data before providing them, if that is practicable, or withhold the records or data if redaction is not practicable. (B) If the Contractor redacts or withholds any documents, it shall provide a privilege log describing what has been redacted or withheld and identifying the legal privilege or legally-enforceable obligation that is the reason for the redaction or withholding. (C) If the SJVIA requests documents because of a CPRA request and the Contractor redacts or withholds any documents, the Contractor shall also identify the specific provision of the CPRA (by citation to the California Government Code) which the Contractor believes would authorize the SJVIA to redact or withhold the documents requested.

Withholding and Redacting. If the SJVIA for any reason requests any records, data, or documents from the Contractor Consultant and the Contractor Consultant believes that the responsive documents contain trade secrets, proprietary information, or other information that is subject to legal privilege or separate legally-enforceable obligation of the Contractor Consultant to withhold, then the Contractor Consultant may do the following: (A) The Contractor Consultant may redact the records or data before providing them, if that is practicable, or withhold the records or data if redaction is not practicable. (B) If the Contractor Consultant redacts or withholds any documents, it shall provide a privilege log describing what has been redacted or withheld and identifying the legal privilege or legally-enforceable obligation that is the reason for the redaction or withholding. (C) If the SJVIA requests documents because of a CPRA request and the Contractor Consultant redacts or withholds any documents, the Contractor Consultant shall also identify the specific provision of the CPRA (by citation to the California Government Code) which the Contractor Consultant believes would authorize the SJVIA to redact or withhold the documents requested.