TrustLayer, Inc. 1/1/2023 - Laserfiche WebLink

8 5.4.1. Notwithstanding anything to the contrary set forth above, Company acknowledges that Client is subject to the Washington Public Records Act, RCW 42.56 et seq., and federal law. Company will cooperate with the Client so that Client may fulfill its obligations thereunder. Third persons may claim that the Confidential Information that Company submits to Client hereunder may be, by virtue of its possession by Client, a public record and subject to disclosure pursuant to the Washington Public Records Act. Client’s commitments to maintain information confidential under this Agreement are all subject to the requirements of applicable state and federal law. All information submitted by Company may be subject to disclosure pursuant to the Washington Public Records Act, except such portions for which Carrot requests and meets an exemption from disclosure consistent with state or federal law. Within the limits and discretion allowed by those laws, Client will comply with this Section 5. 5.4.2. If Client receives a records request under the Washington Public Records Act that requests Confidential Information, then Client shall give reasonable, timely written notice to Company to allow Company to request non-disclosure. Client may, in its sole discretion, use reasonable efforts to assist Company in requesting non-disclosure prior to disclosing any Confidential Information. Client has no obligation to provide such notice for anything that is not Confidential Information. If Company desires that the Confidential Information not be disclosed, Company shall commence an action in Snohomish County Superior Court before the disclosure date. Client has no obligation to advocate in any forum that any Confidential Information is not subject to disclosure under the Washington Public Records Act. Client has no liability whatsoever to Company for the disclosure of any record when that disclosure is consistent with the Washington Public Records Act or with an order applying the Washington Public Records Act entered by the Snohomish County Superior Court or a Washington appellate court. 5.5. Acknowledgment of Title. The Recipient acknowledges all right, title and interest in and to the Confidential Information delivered to Recipient under this Agreement shall at all times remain with Discloser. Recipient acknowledges that by providing Recipient with access to its Confidential Information, Discloser has not waived any confidentiality privilege or trade secret protection associated with its Confidential Information. This Section 5.5 is subject to Section 5.4 above. 5.6. Client Reference List. Company may include the Client's name and specified key contact or contacts in any "TrustLayer Client Reference List" that may be requested by future potential clients. Company may also use (a) Client’s name, or (b) any trademarks, service marks or trade names owned or controlled by Client, in sales, promotional, advertising or other publication. 6. LIMITATION OF LIABILITY 6.1. Indemnity. 6.1.1. Each party ("Indemnifying Party") shall indemnify, defend and hold the other party, its affiliates and their respective directors, officers, agents and employees (collectively, "Indemnified Party") free and harmless from and against all third party claims, demands, obligations, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees (collectively, "Liabilities"), resulting from (i) the intentional or grossly negligent acts