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7A <br /> Page 19 <br /> budgets and unpublished financial statements, suppliers and information <br /> regarding the skiNs and compensation of Vendor's employees or ather vendors. <br /> Ci#y understands and agrees that the Vendor Confidential fnformation constitutes <br /> a valuable business asset of Vendor, the unauthorized use or disclosure of which <br /> may irreparably�amage Vendor. In the event of City's breach or threatened <br /> breach of any of tMe provisions in this Section, Vendor sha(I be en#itled to an <br /> injunction obtained from any court having appropriate jurisdiction restraining City <br /> from any unauthorized use or disclosure of any Vendor Confidential lnfarmation. <br /> 3.3.Afl the databases are the Ci#y's to use for query `read oniy' access#or the <br /> development of intemaJ applications or to work with third party Vendors for <br /> application deveiopment. The Vendor agrees to provide a!I necessary <br /> documentation #o the City incfuding but not limited to available data dictionary <br /> type information supplied by Vendor as requested by City. <br /> 3.4.Facclusions. Notwithstanding Section 3.1. or Section 3.2. hereof, neither City <br /> Confidentia! in#ormation nor Vendor Confidential lnformation shall include <br /> information which the recipient can demonstrate by competent written proof <br /> 3.4.1. !s naw, or hereafter becomes, through no act or faiture to act an the part of <br /> the recipient, generally known or available or othen�vise part af the pubiic <br /> domain; <br /> 3.4.2, f s rightfuily known by the recipient without restriction on use prior to its first <br /> receipt of such information from the disclosing party as evidenced by its <br /> records; <br /> 3.4.3. Is hereafter furnished to the recipient by a third party authorized to fumish <br /> the information to the recipien#, as a matter of right and without restriction on <br /> disclosure; or <br /> 3.4.4. Is the subject of a written permission by the disclosing party to disclose. <br /> 3.5.Notwithstanding Sec#ion 3.1. or Section 3.2 hereof, disclosure of City Confidential <br /> lnformation or Vendor Confidential Information shall not be precluded if: <br /> 3.5.1. Such disclosure is in response to a valid order of a court or other <br /> governmental body of the United States or any political subdivision thereof; <br /> provided, however, that the recipient of such confidential information shall first <br /> have given notice to the o#her party and shal! have made a reasonable effort <br /> to obtain a protective order requiring that the information to be disclosed by <br /> and useci onfy for the purposes for which the order was issued; <br /> 3.5.2. Such disclosure is necessary to establish rights or enforce obiigations <br /> under this Agreement but only to the extent that any such disclosure is <br /> necessary for such purpose: <br /> 3.5.3. The recipient of such confidentiat information received the prior written <br /> consent to such disclosure from the disclosing party but only to the extent <br /> permitted in such conseni; or <br /> 15 <br />