VFOIA Requirements. All proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act (“VFOIA”), except as otherwise provided by Applicable Law. Trade secrets or proprietary information submitted by a bidder, offeror or contractor in connection with a procurement transaction, shall not be subject to the VFOIA; however, the bidder, offeror, or contractor shall (i) invoke the protections of this Section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected and (iii) state the reasons why protection is necessary. The Parties acknowledge and agree that the terms of this Agreement shall be subject to disclosure under the VFOIA. Xxxxxx accepts and agrees that any information that it submits to Purchaser pursuant to this Agreement shall be subject to the VFOIA, except as otherwise provided by Applicable Law; in which case such information may be excluded from the mandatory disclosure provisions of the VFOIA if Seller identifies and properly invokes a VFOIA exclusion in writing prior to the submission of such information to Purchaser.
VFOIA Requirements. All proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act (“VFOIA”), except as otherwise provided by Applicable Law. Trade secrets or proprietary information submitted by a bidder, offeror or contractor in connection with a procurement transaction, shall not be subject to the VFOIA; however, the bidder, offeror, or contractor shall (i) invoke the protections of this Section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected DocuSign Envelope ID: B0A47EA5-ADDC-4324-853B-09D49711DBFF and (iii) state the reasons why protection is necessary. The Parties acknowledge and agree that the terms of this Agreement shall be subject to disclosure under the VFOIA. Xxxxxx accepts and agrees that any information that it submits to Purchaser pursuant to this Agreement shall be subject to the VFOIA, except as otherwise provided by Applicable Law; in which case such information may be excluded from the mandatory disclosure provisions of the VFOIA if Seller identifies and properly invokes a VFOIA exclusion in writing prior to the submission of such information to Purchaser. [Signature Page Follows] DocuSign Envelope ID: B0A47EA5-ADDC-4324-853B-09D49711DBFF PROJECT SITE: CHECK ONE OF THE FOLLOWING Purchaser’s execution of this Agreement DOES serve as its Notice to Proceed with Design. Purchaser’s execution of this Agreement DOES NOT serve as its Notice to Proceed with Design. Purchaser will provide a Notice to Proceed with Design substantially in the form of Schedule 16 at a later date.
