|
relationships, business forecasts, cost and pricing analyses and forecasts, marketing plans, and
<br />information regarding third parties disclosed by Discloser to Recipient or obtained by Recipient
<br />through observation or examination of information or developments.
<br />2. The purpose of this Agreement is to enable Recipient to evaluate and/or carry out assisting
<br />the City in formation of a proposed SATMD. Upon execution of this Agreement, Discloser agrees
<br />to disclose to Recipient such items of its Confidential Information, which City determines is needed
<br />for Recipient to carry out the Purpose of this Agreement. The following items will be excluded from
<br />production:
<br />(a) General Exclusion. Excluded from this Agreement generally with respect to Hotel Visitors'
<br />Taxes, shall be any confidential data or information not maintained by the City or accessible
<br />by the City in an electronic database format. Document attachments or links to ancillary
<br />databases or archives are likewise excluded.
<br />(b) Specific Exclusions — Hotel Visitors' Tax. Excluded from this Agreement specifically, shall
<br />be confidential data or information relating to individual Hotel Visitors' Tax record data in
<br />connection with gross taxable room receipts, deductions claimed; tax penalties, interest,
<br />charges, fees, costs, applied; and deposits posted. Also specially excluded are:
<br />refunds/adjustments made, detailed payment history, audits, account balances, permit
<br />issuance dates, suspension, appeal, or revocation information, collection status, third -party
<br />proprietary information, account memos, work -product, correspondence, non -business
<br />address information, non -business telephone numbers, email addresses, and anything else the
<br />City determines in its sole discretion is restricted from production.
<br />(c) Exception to Specific Hotel Visitors' Tax Exclusions - Aggregated Information/Data.
<br />Single Account Record: Information/data aggregated across a single account record for
<br />a twelve (12) month period or longer beginning July 1, 2018, relating to the aggregate
<br />net amount of taxes paid during such period (including tax penalties and interest), and
<br />average monthly number of rentable rooms, may be disclosable if City determines, in its
<br />sole discretion, that the disclosure of aggregated data is reasonably feasible and will not
<br />result in the disclosure of specifically excluded Hotel Visitors' Tax record data.
<br />ii. Multiple Account Records. Information/data aggregated across multiple records for a
<br />twelve (12) month period or longer beginning July 1, 2018, based on common selection
<br />criteria relating to gross taxable room receipts, deductions claimed, assessment of tax,
<br />amount of tax, tax penalties, interest, fees, costs, deposits, amounts paid, account
<br />balances, and other account information/data reasonably capable of aggregation by the
<br />City, may be disclosable if City determines, in its sole discretion, that the disclosure of
<br />aggregated data is reasonably feasible and will not result in the disclosure of specifically
<br />excluded Hotel Visitors' Tax record data.
<br />3. Subject to Section 7 below, Recipient agrees to hold any and all Confidential Information
<br />provided to Recipient pursuant to this Agreement in confidence, and to not disclose the Confidential
<br />Information to any other parties; provided, however, that Recipient may disclose Confidential
<br />Information to those of its respective directors, officers, members, employees, attorneys, and
<br />consultants (collectively, the "Representatives") who reasonably require access the Confidential
<br />Information in order to evaluate the proposed SATMD contemplated herein, provided, however, that
<br />Recipient shall cause its Representatives to comply with and be bound by the terms of confidentiality
<br />and non-use contained herein. Recipient further agrees to not use the Confidential Information in any
<br />
|