HomeMy WebLinkAbout25-112 - Contract - D and J Productions - Nondisclosure Agreement: Cold Justice25-112
Council Approval N/A
Nondisclosure Agreement
This Nondisclosure Agreement (the "Agreement") is entered into by and between the Tukwila Police
Department ("Disclosing Party") and D and J Productions, LP ("Receiving Party") for the purpose of
preventing the unauthorized disclosure of Confidential Information (as defined below). In consideration
of access to certain information and materials utilized by the Disclosing Party in connection with certain
law enforcement activities, Receiving Party acknowledges and agrees as follow:
1. Parties. Forpurposes of this agreement, Disclosing Party means the Tukwila Police Department and
its respective deputies, agents, employees and representatives, collectively and singularly. Also, for
purposes of this agreement, Receiving Party means D and J Productions, LP and its agents, employees
and representatives, collectively and singularly.
2. Definition of Confidential Information. For purposes of this Agreement, "Confidential Information"
shall include all information, photographs, electronic documents or media, written or oral statements,
or other materials disclosed b Disclosing Party to Receiving Party, whether or not related to the death
or disappearance of l__ (the "Case"), that are "confidential" or "private" under
applicable federal or state law.
3. Exclusions from Confidential Information. Receiving Party's obligations under this Agreement do not
extend to information that is (a) publicly known at the time of disclosure or subsequently becomes
publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party
before disclosure by Disclosing Party without the use of prior Confidential Information disclosed by
Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the
Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by Receiving Party with
Disclosing Party's prior written approval. In addition, Receiving Party may disclose Confidential
Information, without violating the obligations of this Agreement, to the extent such disclosure is
required by a valid order of a court or other governmental body having jurisdiction, provided that
the Receiving Party provides the Disclosing Party with reasonable prior written notice of such
disclosure and makes a reasonable effort to obtain, or to assist the Disclosing Party in obtaining, a
protective order preventing or limiting the disclosure and/or requiring that the Confidential
Information so disclosed be used only for the purposes for which the law or regulation required, or
for which the order was issued.
4. Use of Confidential Information. Receiving Party shall have the right to use the Confidential
Information for purposes of researching, reviewing and evaluating the Case.
S. Obligations of Receiving Party. Receiving Party shall hold and maintain the Confidential Information
in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall
carefully restrict access to Confidential Information to employees, contractors, and third parties as is
reasonably required and shall require those persons to sign nondisclosure restrictions at least as
protective as those in this Agreement. Receiving Party shall not, without prior written approval of
Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others,
or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential
Information. Receiving Party shall destroy or return to Disclosing Party any and all records, notes, and
other written, printed, or tangible materials in its possession pertaining to Confidential Information
immediately if Disclosing Party requests it in writing or upon termination of this Agreement.
6. Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this
Agreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in
effect until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this
Agreement.
7. Indemnification. The Parties agree to each be solely responsible for their own acts or omissions in
the performance of each of their individual duties hereunder, and shall be financially and legally
responsible for all liabilities, costs, damages, expenses (including reasonable outside attorney fees)
resulting from, or attributable to any and all of their individual acts or omissions to the extent allowable
by law.
8. Amendment. The terms of this Agreement may only be modified or amended with a written
Amendment executed by both Parties.
9. Termination. Any Party to this Agreement may immediately terminate this Agreement for any
reason by providing written notice to the other Parties of such termination. Notwithstanding the
foregoing, in the event the parties enter into an agreement to feature the Case in the television
production entitled "Cold Justice' ("Cold Justice Agreement") this agreement will immediately terminate.
10. Severability. If any provision of this Contract is held unenforceable, then such provision will be
modified to reflect the Parties' intention. All remaining provisions of this Contract shall remain in full
force and effect.
11. Integration. This Agreement expresses the complete understanding of the parties with respect to
the subject matter and supersedes all prior proposals, agreements, representations, and
understandings. This Agreement may not be amended except in a writing signed by both parties.
12. Jurisdiction. The Parties agree that Washington Courts shall have jurisdiction over this Agreement
and any controversies arising out of this Agreement shall be governed by and construed in accordance
with the laws of the State of Washington. The parties hereby submit themselves to the jurisdiction of
the courts of Washington with respect to the adjudication of any controversies arising out of this
agreement.
13. Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior
or subsequent rights.
This Agreement and each Party's obligations shall be binding on the representatives, assigr�, as
successors of such Party. Each Party has signed this Agreement through its authorized representatiiel.
D and J Productions, LP ("Recelving Party")
gy. Dan Murphy
Its:
coo
Tukwila Police Department ("Disclosing Party")
By; Eric Drever z
Its: Chief
Date: 4/2/25
Date: 04/01/2025
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