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14. RECORDS Bean Sprouts shall keep records and invoices in connection with the work to be performed under this Agreement. Bean Sprouts shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a, minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Bean Sprouts under this Agreement. All such records and invoices shall be clearly identifiable. Bean Sprouts shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Bean Sprouts shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Bean Sprouts under this Agreement. Bean Sprouts shall install and record all sales and charges by means of cash registers or other comparable devices that display to the customer the amount of the transaction and automatically issue a receipt. The cash registers shall be equipped with devices that lock in sales totals and other transaction records, or with counters which are not re-settable and which record transaction numbers and sales details. Totals registered shall be read and recorded by Bean Sprouts at the beginning and._end of each business day. All voided transactions shall be supported by the _..__ .._. __ sup original cash register tape with supervisory approval documented. 15. CONFIDENTIALITY If either party receives from the other information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, the party receiving such information agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information of a party. Confidential Information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Information disclosed to either party by any subsidiary and/or agent of the other party shall be considered Confidential Information. The foregoing obligations. of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of a receiving party, disclosed in a publicly available source; (c) is in rightful possession of a receiving party without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by a receiving party without reference to information disclosed by the City. 16. CONFLICT OF INTEREST CLAUSE Bean Sprouts covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. City covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Page 1 I of 17 25B-15