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15 <br /> PUBLIC RECORDS ACT ADDENDUM <br /> THIS ADDENDUM dated is by and between the CITY OF EVERETT <br /> (the "City") and AUTODESK, INC. (the"Vendor"). <br /> The City and the Vendor agree that the following provision is hereby incorporated into <br /> the AUTODESK DEVELOPER NETWORK AGREEMENT,DEVR3986 dated January 1, 2010 <br /> between the City and the Vendor: <br /> The Vendor acknowledges that the City is subject to the Washington Public Records Act, <br /> chapter 42.56 RCW (the "Act"). If the City receives a public records request under the <br /> Act that requests any records that may be reasonably considered Confidential <br /> Information, the City shall deliver written notice to the Vendor. The written notice will <br /> contain a description of the records that the City intends to disclose and the date when the <br /> disclosure will occur (the "Disclosure Date") and will be delivered to Vendor at least <br /> fifteen (15) business days in advance of the Disclosure Date. If the Vendor believes that <br /> the records should not be disclosed, the Vendor's exclusive remedy is to commence a <br /> public records action in Snohomish County Superior Court before the Disclosure Date. <br /> Notwithstanding anything to the contrary in this Agreement, the City has no liability to <br /> Vendor for the disclosure of any record when that disclosure is consistent with the Act or <br /> with an order applying the Act entered by the Snohomish County Superior Court or a <br /> Washington appellate court. <br /> The City and the Vendor have executed this Addendum as of the date first above written. <br /> CITY OF EVERETT AUTODESK,INC. <br /> WASHINGTON <br /> By: By: <br /> Ray Stephanson,Mayor Jim Quanci,Director of ADN Worldwide <br /> Date Date <br /> ATTEST: APPROVED AS TO FORM: <br /> Sharon Marks, City Clerk James D. Iles, City Attorney <br /> Date: Date: <br /> 107 <br />