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GST shall keep records and invoices in connection with the work to be performed under <br />this Agreement. GST shall maintain complete and accurate records with respect to the costs <br />incurred under this Agreement and any services, expenditures, and disbursements charged to the <br />City for a minimum period of three (3) years, or for any longer period required by law, from the <br />date of fmal payment to GST under this Agreement. All such records and invoices shall be clearly <br />identifiable. GST shall allow a representative of the City to examine, audit, and make transcripts <br />or copies of such records and any other documents created pursuant to this Agreement during <br />regular business hours. GST shall allow inspection of all work, data, documents, proceedings, and <br />activities related to this Agreement for a period of three (3) years from the date of final payment <br />to GST under this Agreement. <br />9. CONFIDENTIALITY <br />If GST receives from the City information which due to the nature of such information is <br />reasonably understood to be confidential and/or proprietary, GST agrees that it shall not use or <br />disclose such information except in the performance of this Agreement, and further agrees to <br />exercise the same degree of care it uses to protect its own information of like importance, but in <br />no event less than reasonable care. "Confidential Information" shall include all nonpublic <br />information. Confidential information includes not only written information, but also information <br />transferred orally, visually, electronically, or by other means. Confidential information disclosed <br />to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The <br />foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has <br />been disclosed in publicly available sources; (b) is, through no fault of the GST disclosed in a <br />publicly available source; (c) is in righffuI possession of the GST without an obligation of <br />confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently <br />developed by the GST without reference to information disclosed by the City. <br />10. CONFLICT OF INTEREST CLAUSE <br />GST covenants that it presently has no interests and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of services specified under this <br />Agreement. <br />11. DISCRIMINATION <br />GST shall not discriminate because ofrace, color, creed, religion, sex, marital status; sexual <br />orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable <br />law, in the rceruitment, selection, training, utilization, promotion, termination or other employment <br />related activities. GST affirms that it is an equal opportunity ennployerand shall comply with all <br />applicable federal, state and local laws and regulations. <br />Page 4 of 10 <br />