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RECORDS <br />Concessionaire shall keep records and invoices in connection with the work to be <br />performed under this Agreement. Concessionaire shall maintain complete and accurate records <br />with respect to the costs incurred under this Agreement and any services, expenditures, and <br />disbursements charged to the City for a minimum period of three (3) years, or for any longer period <br />required by law, from the date of final payment to Concessionaire under this Agreement. All such <br />records and invoices shall be clearly identifiable. Concessionaire shall allow a representative of <br />the City to examine, audit, and make transcripts or copies of such records and any other documents <br />created pursuant to this Agreement during regular business hours. Concessionaire shall allow <br />inspection of all work, data, documents, proceedings, and activities related to this Agreement for <br />a period of three (3) years from the date of final payment to Concessionaire under this Agreement. <br />8. CONFIDENTIALITY <br />If Concessionaire receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Concessionaire agrees <br />that it shall not use or disclose such information except in the performance of this Agreement, and <br />further agrees to exercise the same degree of care it uses to protect its own information of like <br />importance, but in no event less than reasonable care. "Confidential Information" shall include all <br />nonpublic information. Confidential information includes not only written information, but also <br />information transferred orally, visually, electronically, or by other means. Confidential <br />information disclosed to either party by any subsidiary and/or agent of the other party is covered <br />by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any <br />information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the <br />Concessionaire disclosed in a publicly available source; (c) is in rightful possession of the <br />Concessionaire without an obligation of confidentiality; (d) is required to be disclosedby operation <br />of law; or (e) is independently developed by the Concessionaire without reference to information <br />disclosed by the City. <br />9. CONFLICT OF INTEREST CLAUSE <br />Concessionaire covenants that it presently has no interests and shall not have interests, <br />direct or indirect, which would conflict in any manner with performance of services specified <br />under this Agreement. <br />10. DISCRIMINATION <br />Concessionaire shall not discriminate because of race, color, creed, religion, sex, marital <br />status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by <br />applicable law, in the recruitment, selection, training, utilization, promotion, termination or other <br />employment related activities. Concessionaire affirms that it is an equal opportunity employer and <br />shall comply with all applicable federal, state and local laws and regulations. <br />Page 4 of 9 <br />