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No news release, advertisement, promotional material, tour, or demonstration related to <br /> Everett's use of the Contractor's services performed pursuant to this Contract shall be <br /> produced, distributed, or take place, without the prior, specific written approval of the <br /> City's Project Manager or his/her designee. <br /> 26.0 Proprietary and Confidential Information <br /> 26.1 Contractor understands that any records (including but not limited to its proposal <br /> submittals, this Contract, and any other contract materials) it submits to the City, or that <br /> are used by the City even if the Contractor possesses the records, are public records <br /> under Washington State law, RCW Chapter 42.56. Public records must be promptly <br /> disclosed upon request unless a statute exempts them from disclosure. The Contractor <br /> also understands that even if part of a record is exempt from disclosure, the rest of that <br /> record generally must be disclosed. <br /> 26.2 If the City receives a public disclosure request made pursuant to RCW Chapter <br /> 42.56, the City will not assert an exemption from disclosure on behalf of the Contractor. <br /> For materials that the Contractor has properly marked, the City will notify the Contractor <br /> of the request and postpone disclosure for ten business days to allow the Contractor <br /> the opportunity to file a lawsuit seeking an injunction to prevent the release of <br /> documents pursuant to RCW 42.56.540. Any notification is provided as a courtesy and <br /> is not an obligation on behalf of the City. Unless the Contractor obtains and serves an <br /> injunction upon the City before the close of business on the tenth business day after the <br /> date of the notification, the City may release the documents. It is the Contractor's <br /> discretionary decision whether to file the lawsuit. <br /> 26.3 In order to request that material not be disclosed until receipt of notification of a <br /> public disclosure request, you must identify the specific materials and citations very <br /> clearly on the each page of the material that you believe is exempt from disclosure. <br /> 26.4 If the Contractor does not obtain and serve an injunction upon the City within 10 <br /> business days of the date of the City's notification of the request, the Contractor is <br /> deemed to have authorized releasing the record. <br /> 26.5 [Not Used]. <br /> 26.6 Notwithstanding the above, the Contractor must not take any action that would <br /> affect (a) the City's ability to use goods and services provided under this Contract or (b) <br /> the Contractor's obligations under this Contract. <br /> 26.7 The Contractor will fully cooperate with the City in identifying and assembling <br /> records in the event of any public disclosure request. <br /> 27.0 General Legal Requirements <br /> A. General Requirement: Contractor, at no expense to Everett, shall comply with all <br /> applicable laws of the United States and the State of Washington; the Charter <br /> and ordinances of Everett; and rules, regulations, orders, and directives of their <br /> 21 of 34 <br />