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ATTY/AGR/2016.053/CDM SMITH <br />REV: 03-22-16 JS <br />Page 7 of 18 <br />for damages resulting from the use of said material for work other than the Scope of <br />Work, including, but not limited to the release of this material to third parties for work <br />other than on the Scope of Work. <br /> <br />15.5 Consultant agrees that all copyrights that arise from the Services will be vested in <br />City and Consultant relinquishes all claims to the copyrights in favor of City. City hereby <br />grants to FHWA a royalty-free nonexclusive and irrevocable right to reproduce, publish, <br />or otherwise use; and to authorize others to use, any such copyrighted work for <br />government purposes. <br /> <br />15.6 For the sake of clarity, notwithstanding any other provision of this Agreement <br />between Consultant and City or any provision of the scope of work, work assignments, <br />work authorizations, or any amendment issued hereunder, all of Consultant’s pre- <br />existing or proprietary information, documents, materials, computer programs, or <br />software developed by Consultant outside of this Agreement shall remain the exclusive <br />property of Consultant. <br /> <br />15.7 Any subcontract in excess of $25,000 entered into as a result of this Agreement, <br />shall contain all of the provisions of this Section 15. <br /> <br />16. Confidentiality of Data. <br />16.1 All financial, statistical, personal, technical, or other data and information relative <br />to City’s operations, which are designated confidential by City and made available to <br />Consultant in order to carry out this Agreement, shall be protected by Consultant from <br />unauthorized use and disclosure. <br />16.2 Permission to disclose information on one occasion, or public hearing held by <br />City relating to the Agreement, shall not authorize Consultant to further disclose such <br />information, or disseminate the same on any other occasion. <br />16.3 Consultant shall not comment publicly to the press or any other media regarding <br />the Agreement or City’s actions on the same, except to City’s staff, Consultant’s own <br />personnel involved in the performance of this Agreement, at public hearings or in <br />response to questions from a Legislative committee. <br />16.4 Consultant shall not issue any news release or public relations item of any <br />nature, whatsoever, regarding work performed or to be performed under this Agreement <br />without prior review of the contents thereof by City, and receipt of City’s written <br />permission. <br />16.5 Any subcontract entered into as a result of this Agreement shall contain all of the <br />provisions of this Section 16. <br />16.6 All information related to the construction estimate is confidential, and shall not <br />be disclosed by Consultant to any entity other than City. <br /> <br /> <br />6.1.B. - Page 9