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ADDENDUM <br /> (WASHINGTON STATE TRANSPARENCY LAWS) <br /> The City of Everett ("City") and SunGard Public Sector LLC ("Vendor") are <br /> parties to an agreement entitled "Software Maintenance Agreement" (the <br /> "Agreement"). The parties agree that the provisions of this addendum control all <br /> provisions of the Agreement: <br /> A. Scope. Regardless of anything to the contrary in the Agreement, all <br /> provisions in the Agreement that require the City to not disclose <br /> information or otherwise preserve confidentiality are strictly limited to <br /> the following: <br /> Software, all software provided with the Software, algorithms, methods, <br /> techniques and processes revealed by the Source Code of the Software <br /> (if provided) and any software provided with the Software, or the Object <br /> Code, and all related specifications, documentation, visual expressions, <br /> screen formats and other design features of the Software, screen shots, <br /> technical information, project management methodologies, and training <br /> materials, and all corrections, modifications, additions, improvements <br /> and enhancements to and all intellectual property rights for the <br /> Software. (the "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 obligations with respect to anything that is <br /> not a Confidential Record as defined by this 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 and <br /> other Washington statutes related to open government (collectively, the <br /> "Act"). If the City receives a records request under the Act that requests <br /> any Confidential Records, then the City shall give reasonable written <br /> notice to Vendor. The City has no obligation to provide such notice for <br /> anything that is not Confidential Records. If Vendor desires that the <br /> Confidential Records not be disclosed, Vendor shall commence an <br /> action in Snohomish County Superior Court before the disclosure date. <br /> Notwithstanding anything to the contrary in the Agreement, the <br /> City has no liability whatsoever to Vendor the disclosure of any <br /> record when that disclosure is consistent with the Act or with an <br /> order applying the Act entered by the Snohomish County Superior <br /> Court or a Washington appellate court. <br /> 1 <br />