WSDOT’S OBLIGATION. In the event that WSDOT receives a public records disclosure request pertaining to records that Contractor has submitted and marked either as (a) statutorily exempt from disclosure; or (b) sensitive WSDOT, prior to disclosure, will do the following: WSDOT’s Public Records Officer will review any records marked by Contractor as statutorily exempt from disclosure. In those situations, where the designation comports with the stated statutory exemption from disclosure, WSDOT will redact or withhold the record(s) as appropriate. For records marked ‘sensitive’ or for records where WSDOT determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, WSDOT will notify Contractor, at the address provided in the Contract, of the public records disclosure request and identify the date that WSDOT intends to release the record(s) (including records marked ‘sensitive’ or exempt from disclosure) to the requester unless Contractor, at Contractor’s sole expense, timely obtains a court order enjoining WSDOT from such disclosure. In the event Contractor fails to timely file a motion for a court order enjoining such disclosure, WSDOT will release the requested record(s) on the date specified. Contractor’s failure properly to identify exempted or sensitive information or timely respond after notice of request for public disclosure has been given shall be deemed a waiver by Contractor of any claim that such records are exempt or protected from public disclosure.
