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1 <br />ADDENDUM <br />(WASHINGTON STATE TRANSPARENCY LAWS) <br />Vendor: <br />Agreement: <br />The City of Everett and the above are parties to the <br />Agreement. Regardless of anything to the contrary in the Agreement, the <br />parties agree as follows: <br />A. Scope. All provisions in the Agreement that require the City to not <br />disclose information or otherwise preserve confidentiality are strictly <br />limited to apply only to the following items: <br />The items in the list above are each referred to as a “Confidential <br />Record” or collectively as “Confidential Records.” <br />If the Parties desire anything additional be Confidential Records, then a <br />new addendum shall be executed by the parties. The City has no non- <br />disclosure or confidentiality obligation under the Agreement with respect <br />to anything that is not a Confidential Record as defined by this <br />addendum. <br />B. Washington Public Records Act. Vendor acknowledges that the City is <br />subject to the Washington Public Records Act, chapter 42.56 RCW <br />and other Washington statutes related to open government <br />(collectively, the “Act”). If the City receives a records request under the <br />Act that requests any Confidential Records, then the City shall give <br />reasonable written notice to Vendor. The City has no obligation to <br />provide such notice for anything that is not Confidential Records. If <br />Vendor desires that the Confidential Records not be disclosed, Vendor <br />shall commence an action in Snohomish County Superior Court before <br />the disclosure date. The City has no liability whatsoever to Vendor <br />for the disclosure of any record when that disclosure is <br />consistent with the Act or with an order applying the Act entered <br />by the Snohomish County Superior Court or a Washington <br />appellate court. <br />C. Agreement Not Confidential. Vendor acknowledges and agrees that <br />the Agreement, work orders, service orders and similar documents <br />ChargePoint, Inc. <br />Agreements relating to Quotation Q-397322-1 <br />All Telematics information (including any telematics information formerly referred to <br />as Viriciti) provided by Vendor to the City and marked confidential or proprietary at <br />the time of disclosure or if the information should reasonably be considered to be <br />confidential or proprietary due to its nature or the context of its disclosure.