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10.1. The Parties agree that they shall comply with the public records disclosure <br />provisions of the Revised Code of Washington, Chapter 42.56, Public Records Act <br />and RCW 46.63.170(1)(g). <br />10.2. NG agrees that: <br />10.2.1. All information obtained by NG through operation of the Systems shall be <br />made available to the City at any time during the Tukwila Municipal Court's <br />normal business hours which are 08:30am to 5:OOpm pacific time, <br />excluding Proprietary Information not reasonably necessary for the <br />prosecution of citations or fulfillment of the City's obligations under this <br />Agreement. <br />10.2.2. It shall not use any information acquired from the performance of the <br />Services contemplated in this Agreement, including without limitation, <br />information with respect to any violations, violators, information obtained <br />from recorded images or information concerning the City's law <br />enforcement activities for any purpose other than for the benefit of the City. <br />10.2.3. No information given by NG to the City will be of a confidential nature, <br />unless specifically designated in writing as "Proprietary Information" and <br />expressly exempt from public records disclosures required by the Revised <br />Code of Washington, Chapter 42.56, Public Records Act. <br />10.2.4. As used in this Agreement, the term "Proprietary Information" shall mean <br />all trade secrets or confidential or proprietary information designated as <br />such by NG, whether letter or by the use of an appropriate proprietary stamp <br />or legend, prior to or at the time any such trade secret or confidential or <br />proprietary information is disclosed by NG to the City. In addition, the term <br />"Proprietary Information" shall be deemed to include: (a) any notes, <br />analyses, compilations, studies, interpretations, memoranda or other <br />documents prepared by the Recipient which contain, reflect or are based <br />upon, in whole or in part, any Proprietary Information furnished to the <br />Recipient. <br />10.2.5. The City shall use the Proprietary Information only for the purpose of <br />fulfilling its duties hereunder (the "Purpose") and such Proprietary <br />Information shall not be used for any other purpose without the prior written <br />consent of NG. "Purpose" shall be deemed to not include any disclosure of <br />the Proprietary Information to any person or entity. The City shall hold in <br />confidence, and shall not disclose to any person or entity, any Proprietary <br />Information nor exploit such Proprietary Information for its own benefit or <br />the benefit of another without the prior written consent of NG. <br />{KZS2229149.DOCX;1/13175.000001/ <br />11 <br />