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ADDENDUM <br /> (WASHINGTON STATE TRANSPARENCY LAWS) <br /> The City of Everett ("City") and ESO Solutions, Inc. ("Vendor") are parties <br /> to an agreement entitled "Subscription Agreement" (the "Agreement"). The <br /> parties agree as follows: <br /> A. Scope. Regardless of anything to the contrary in Section 14 of the <br /> Agreement, all provisions in Section 14 of the Agreement that require <br /> the City to not disclose information or otherwise preserve <br /> confidentiality are strictly limited to the following: <br /> All information disclosed in writing by one Party to the other Party that <br /> is clearly marked "CONFIDENTIAL" or "PROPRIETARY" by the disclosing <br /> Party at the time of disclosure. (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 under Section 14 of the <br /> Agreement with respect to anything that is not a Confidential Record as <br /> 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 <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. Notwithstanding anything to the contrary in <br /> the Section 14 of the Agreement, the City has no liability <br /> whatsoever to Vendor the disclosure of any record when that <br /> disclosure is consistent with the Act or with an order applying the <br /> Act entered by the Snohomish County Superior Court or a <br /> Washington appellate court. <br /> C. Agreement Not Confidential. Vendor acknowledges and agrees that <br /> the Agreement, work orders, service orders and similar documents <br /> stating work to be done for the City, pricing, and agreement terms and <br /> conditions are never confidential. All of these may be posted on the <br /> City's public website without notice to Vendor. <br /> 1 <br />