98point6 10/2/19 - Laserfiche WebLink

6.7. Injunctive Relief. The Parties agree that any breach of this Section 6 by the other Party may cause irreparable injury not adequately compensable with monetary damages. Accordingly, in addition to any rights otherwise available at law, in equity, or by statute, the non-breaching Party is entitled to seek injunctive and other equitable relief without the need to secure a bond. 6.8. Washington State Transparency Laws. Regardless of anything to the contrary in this Agreement: 1. 98point6 acknowledges that Employer is subject to the Washington Public Records Act, chapter 42.56 RCW, and other Washington statutes related to open government (collectively, the "State Transparency Laws"). 98point6 will reasonably cooperate with Employer so that Employer may fulfill Employer's obligations under the State Transparency Laws. 2. if 98point6 believes that information to be provided to Employer is Confidential Information, then 98point6 must plainly mark such information as "Confidential" at the time it is provided to Employer. Notwithstanding any other provision in this Agreement, Employer has no obligation under this Agreement to maintain the confidentiality of Confidential Information or otherwise to refrain from disclosing Confidential Information unless such Confidential Information is so marked as "Confidential." 3. 98point6 acknowledges and agrees that information regarding the amounts paid by Employer to 98point6 are examples of items that are not Confidential Information. Such non-confidential items include for example: this Agreement, invoices, budgets, service orders and similar documents provided to Employer relating to costs paid by Employer. All of these wilt be made public without notice to 98pointo. 4. If Employer receives a records request under the State Transparency Laws that requests any Confidential Information marked as "Confidential," then Employer shall give written notice to 98point6, together with the City's preliminary determination as to whether the requested Confidential Information is subject to disclosure under the State Transparency Laws. If such notice states that Employer intends to disclose any Confidential Information marked as "Confidential," then the notice will also state the date of intended disclosure, which will not be less than ten business days after the delivery of the notice. If 98point6 desires that such Confidential Information not be disclosed and believes that it has a legal basis to prevent disclosure, 98point6 shall commence an action in Snohomish County Superior Court before the disclosure date to enjoin disclosure. Employer has no obligation to provide any notice regarding records that are not marked "Confidential" and Employer may release such unmarked records to the requester without notice to 98point6. 5. Notwithstanding anything to the contrary in this Agreement, Employer has no liability whatsoever to 98point6 for the disclosure of any Confidential Information when that disclosure is required by the State Transparency Laws or an order applying the State Transparency Laws entered by the Snohomish County Superior Court or a Washington appellate court. Subscription Agreement 10 20190227.v10.1