Shannon Affholter Squared 10/3/2021

disclosure,the District will notify the Contractor of the request and allow the Contractor ten(1o) business days to take whatever action it deems necessary to protect its interests.If the Contractor fails or neglects to take such action within said period,the District will release the portions of record(s) deemed by the District to be subject to disclosure.The District shall not be liable to the Contractor for inadvertently releasing records pursuant to a disclosure request not clearly identified by the Contractor as"CONFIDENTIAL,""PROPRIETARY"or"BUSINESS SECRET." SECTION 6 INTET.I.F.CT JAL PROPERTY 6.1 Patents,Copyrights and Rights in Subject Data Any patentable result or materials suitable for copyright arising out of this Contract shall be owned and retained by the District.The District in its sole discretion shall determine whether it is in the public's interest to release or make available any patent or copyright. The Contractor agrees that the ownership of any plans, drawing,designs, Scope of Work,computer programs,technical reports,operating manuals,calculations,notes and other work submitted,or which is specified to be delivered under this Contract,whether or not complete(referred to in this subsection as"Subject Data")shall be vested in the District. All.such Subject Data furnished by the Contractor pursuant to this Contract, other than documents exclusively for internal use by the District, shall carry such notations on the front cover or a title page (or in such case of maps,in the name block),as may be requested by the District.The Contractor shall also place its endorsement on all Contractor-furnished Subject Data.All such identification details shall be subject to approval by the District prior to printing. The Contractor shall ensure that the substance of foregoing subsections is included in each subcontract for the Work under.this Contract. 6.2 Nondisclosure of Data Data provided by the District either before or after Contract award shall only be used for its intended purpose. Contractors and Subcontractors shall not utilize nor distribute the District data in any form without the prior express written approval of the District 6.3 Non-Disclosure Obligation While performing the Work under this Contract,the Contractor may encounter personal information, licensed technology, drawings,schematics,manuals,data and other materials described as "Confidential",."Proprietary"or"Business Secret".The Contractor shall not disclose or publish the information and material received or used in performance of this Contract.This obligation is perpetual. The Contract imposes no obligation upon the Contractor with respect to confidential information which the Contractor can establish that a)was in the possession of, or was rightfully known by the Contractor without an obligation to maintain its confidentiality prior to receipt from the District or a third party;b) is or becomes generally known to the public without violation of this Contract;c) is obtained by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or,d)is independently developed by the Contractor without the participation of individuals who have had access to the District's or the third party's confidential information.If the Contractor is required by law to disclose confidential'information the Contractor shall notify the District of such requirement prior to disclosure.