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statements, licenses, suppliers and customers, <br />information obtained through contact with the <br />Contractor's customers, proprietary information of <br />the Contractor's customers. The City understands <br />and agrees that the TriTech Confidential <br />Information constitutes a valuable business asset <br />of the Contractor, the unauthorized use or <br />disclosure of which may irreparably damage the <br />Contractor. In the event of the City's breach or <br />threatened breach of any of the provisions in this <br />Section 2.5.2, the Contractor shall be entitled to <br />an injunction obtained from any court having <br />appropriate jurisdiction restraining the City from <br />any unauthorized use or disclosure of any TriTech <br />Confidential Information. <br />2.5.3 Exclusions. Notwithstanding Section 2.5.1 or <br />Section 2.5.2 hereof, neither City Confidential <br />Information nor TriTech 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 />2.5.4 Exceptions. Notwithstanding Section 2.5.1 or <br />Section 2.5.2 hereof, disclosure of City <br />Confidential Information or TriTech Confidential <br />Information shall not be precluded if: <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 />(b) the City is contacted by a public safety <br />agency requesting subjective reference <br />Primary Agreement Page 8 <br />