2009/03/11 Council Agenda Packet

3 e. The Participants mutually agree to the release of the information and agree that, because of such release, the information is no longer Confidential Information. 4. Notwithstanding the prohibition of the preceding paragraph, a Participant who is a public agency may disclose Confidential Information to a non-Participant that requests disclosure, to the extent such Participant determines that disclosure is required or warranted by the Freedom of Information Act 5 U.S.C. §522, the Washington State Public Records Act Chapter 42.56 RCW, or other applicable law. However, if a non- Participant requests such Confidential Information pursuant to any such law, the Participant receiving the request shall promptly notify the other Participants to this Agreement of such request to provide those Participants with the opportunity to oppose the requested disclosure pursuant to applicable law. The Participant receiving a disclosure request may rely upon the advice of counsel in making the determination as to whether disclosure is required or warranted. 5. No Participant will formally or informally request, pursuant to any state or federal freedom of information or public access law, that a state or federal agency provide it with any Confidential Information. 6. The Participants agree that they shall not formally or informally request, propose, encourage, or otherwise suggest to any non-Participant, its agents or employees, that such non-Participant formally or informally request any Confidential Information under any state or federal freedom of information or public access law. 7. Each Participant reserves its rights to protect, defend, and discharge its interests and duties in any administrative, regulatory, legislative, or judicial proceeding, including but not limited to the FERC relicensing proceeding for the Project; provided Participants shall not disclose Confidential Information in such proceedings. Nothing in this Agreement is intended to restrict a disclosing Participant's use of its own Confidential Information. 8. Each Participant agrees to comply with the Jackson Hydroelectric Project License Settlement Negotiations Working Group Ground Rules (the"Ground Rules"), herein referenced, attached hereto, and made a part of this Agreement. 9. Any notice required under this Agreement shall be made in writing to the individual or individuals nominated by each Participant. Each Participant shall notify the District of the individual or individuals nominated to receive notice. A Participant may unilaterally change or modify the contact information or the nominated individual by providing notice to the other Participants. The District shall maintain and make available to the Participants the official list of the individuals entitled to receive notice pursuant to this Agreement. 10. No contractual relationship, express or implied, shall be deemed to exist between Participants by virtue of this Agreement. 9 3