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condition that the Receiving Party notifies those persons of the confidential nature of the Confidential <br />Information and obtains their agreement to keep that information confidential. Each Receiving Party <br />shall be liable for disclosures of Confidential Information of the other party made by that Receiving <br />Party's Representatives to the same extent as If the Receiving Party had disclosed that Confidential <br />Information itself. <br />(c) A Receiving Party shall not use, or cause, authorize or permit any other person <br />to use, any Confidential Information of the other party except for the purposes of this Agreement, as <br />permitted by this Agreement or as authorized by the Disclosing Party in writing. <br />(d) A Receiving Party shall protect all Confidential Information of a Disclosing Party <br />using the same degree of care as it uses to prevent the unauthorized use, disclosure, publication, or <br />dissemination of its own confidential information of a similar nature or character, but in no event using <br />less than a reasonable degree of care. <br />9.2 Exceptions. Information of a Disclosing Party will not constitute Confidential Information <br />in the following circumstances: <br />(a) the Disclosing Party advises the Receiving Party that the information disclosed is not <br />required to be treated as Confidential Information; <br />(b) the information is then or subsequently becomes generally available to or accessible by <br />the public through no fault or wrongdoing of the Receiving Party or its Representatives, <br />and the Receiving Party has no actual knowledge that the information was made <br />available to the public in violation of a third party's duty of confidentiality; <br />(c) the information is a matter of public record or in the public domain; <br />(d) the information was in the possession of the Receiving Party before it was disclosed by <br />the Disclosing Party; <br />(e) the information is received by the Receiving Party on a non - confidential basis from a <br />source other than the Disclosing Party, and the Receiving Party did not know or have <br />reason to know that the source was bound by a duty of confidentiality to the Disclosing <br />Party; <br />(f) the information is required to be disclosed under open public records laws or open <br />public meetings laws, such as the Freedom of Information Act, the California Public <br />Records Act, or other applicable law, by virtue of being received, generated, or disclosed <br />by City, and no exception to disclosure under those laws applies to that information, as <br />determined by counsel for the City; <br />(g) the information was independently developed by the Receiving Party without access to <br />disclosures by the Disclosing Party, as evidenced by contemporaneous written records; <br />or <br />(h) the Disclosing Party authorizes disclosure of the information (and only to the extent of <br />that authority). <br />13 <br />25F -17 <br />