Contractor Confidential Information. CONTRACTOR represents that the materials it is providing under this Agreement contain proprietary products and trade secrets of CONTRACTOR. To the fullest extent permissible under applicable law, OWNER agrees to treat the material as confidential under this article. CONTRACTOR must separately submit to OWNER any other material CONTRACTOR contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Florida Statutes Chapter 119) (“Trade Secret Materials”) conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCT – TRADE SECRET.” Also, CONTRACTOR must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under § 812.081, Fla. Stats. (2024) and stating the factual basis for same. If a third party submits a request to OWNER for records designated by CONTRACTOR as Trade Secret Materials, OWNER will refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by CONTRACTOR. CONTRACTOR will indemnify and defend OWNER and its employees and agents from all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorney’s fees, litigation expenses, and court costs, relating to the non-disclosure of the Software or any Trade Secret Materials in response to a records request by a third party.
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Sources: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
Contractor Confidential Information. CONTRACTOR DESIGN PROFESSIONAL represents that the materials it is providing under this Agreement contract contain proprietary products and trade secrets of CONTRACTORDESIGN PROFESSIONAL. To the fullest extent permissible under applicable law, OWNER agrees to treat the material as confidential under this article. CONTRACTOR DESIGN PROFESSIONAL must separately submit to OWNER any other material CONTRACTOR DESIGN PROFESSIONAL contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Florida Statutes Chapter 119) (“Trade Secret Materials”) conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCT – TRADE SECRET.” Also, CONTRACTOR DESIGN PROFESSIONAL must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under § 812.081, Fla. Stats. (2024) and stating the factual basis for same. If a third party submits a request to OWNER for records designated by CONTRACTOR DESIGN PROFESSIONAL as Trade Secret Materials, OWNER will shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by CONTRACTORDESIGN PROFESSIONAL. CONTRACTOR will DESIGN PROFESSIONAL shall indemnify and defend OWNER and its employees and agents from all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorney’s attorneys' fees, litigation expenses, and court costs, relating to the non-disclosure of the Software or any Trade Secret Materials in response to a records request by a third party.
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Contractor Confidential Information. CONTRACTOR DESIGN PROFESSIONAL represents that the materials it is providing under this Agreement contract contain proprietary products and trade secrets of CONTRACTORDESIGN PROFESSIONAL. To the fullest extent permissible under applicable law, OWNER agrees to treat the material as confidential under this article. CONTRACTOR DESIGN PROFESSIONAL must separately submit to OWNER any other material CONTRACTOR DESIGN PROFESSIONAL contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Florida Statutes Chapter 119) (“Trade Secret Materials”) conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCT – TRADE SECRET.” Also, CONTRACTOR DESIGN PROFESSIONAL must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under § 812.081, Fla. Stats. (20242023) and stating the factual basis for same. If a third party submits a request to OWNER for records designated by CONTRACTOR DESIGN PROFESSIONAL as Trade Secret Materials, OWNER will shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by CONTRACTORDESIGN PROFESSIONAL. CONTRACTOR will DESIGN PROFESSIONAL shall indemnify and defend OWNER and its employees and agents from all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorney’s attorneys' fees, litigation expenses, and court costs, relating to the non-disclosure of the Software or any Trade Secret Materials in response to a records request by a third party.
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