Laserfiche WebLink
<br />\r <br /> <br />2.5.3 <br /> <br />2.5.4 <br /> <br />\r <br /> <br />""' <br /> <br />Primary Agreement <br /> <br />Confidential Information. <br /> <br />Exclusions. Notwithstanding Section 2.5.1 or <br />Section 2.5.2 hereof, neither City Confidential <br />Information nor Positron Confidential Information <br />shall include information which the recipient can <br />demonstrate by competent written proof (a) is now, <br />or hereafter becomes, through no act or failure to <br />act on the part of the recipient, generally known <br />or available or otherwise part of the public <br />domain; (b) is rightfully known by the recipient <br />without restriction on use prior to its first <br />receipt of such information from the disclosing <br />party as evidenced by its records; (c) is <br />hereafter furnished to the recipient by a third <br />party authorized to furnish the information to the <br />recipient, as a matter of right and without <br />restriction on disclosure; or (d) is the subject <br />of a written permission by the disclosing party to <br />disclose. <br /> <br />Exceptions. Notwithstanding Section 2.5.1 or <br />Section 2.5.2 hereof, disclosure of City <br />Confidential Information or Positron Confidential <br />Information shall not be precluded if: <br /> <br />(a) such disclosure is in response to a valid <br />order of a court or other governmental body <br />of the united States or any political <br />subdivision thereof; provided, however, that <br />the recipient of such confidential <br />information shall first have given notice to <br />the other party and shall have made a <br />reasonable effort to obtain a protective <br />order requiring that the information to be <br />disclosed be used only for the purposes for <br />which the order was issued; <br /> <br />(b) the City is contacted by a law enforcement <br />agency requesting subjective reference <br />information regarding the Contractor's <br />products, services, performance, and <br />timeliness under the scope of this Agreement. <br /> <br />(c) such disclosure is necessary to establish <br />rights or enforce obligations under this <br />Agreement, but only to the extent that any <br />such disclosure is necessary for such <br />purpose; <br /> <br />(d) the recipient of such confidential <br />information received the prior written <br />consent to such disclosure from the <br />disclosing party, but only to the extent <br /> <br /> <br />Page 8 <br />