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REV: 06-11-25 LF <br />forbearance) and disposition of loans except to the extent such information is <br />subject to disclosure under the California Public Records Act. Confidential <br />Information of Consultant includes information which relates to its existing or <br />reasonably foreseeable business, including, but not limited to, information <br />contained in: products and product design; business methods and techniques; <br />trade secrets, data, specifications, developments and research activity; marketing <br />and sales strategies, information and techniques; long and short-term plans; <br />business policies; current and prospective customer lists, contacts and <br />information; financial, personnel and information system information; and other <br />information concerning Consultant’s business, its manner of operation, its plans or <br />other information that is not disclosed to the general public or known in the industry <br />and acquired or learned by City or City Indemnitees. Confidential Information also <br />includes information about City and AmeriNat customer or borrowers, including <br />information of the type identified above and including non-public personal <br />identifying information on the same, including but not limited to personal tax <br />identification numbers. Such information shall be treated as Confidential <br />Information irrespective of its source and whether such information is expressly <br />identified as being “confidential” or “trade secret.” <br />33.2 Nondisclosure. Each of City and Consultant agrees, during the duration of <br />this Agreement and at all times thereafter, to hold in strictest confidence and to <br />never disclose, furnish, communicate, make accessible to persons or use <br />Confidential Information except as necessary to carry out its obligations pursuant <br />to this Agreement. City and Consultant also agree not to permit Confidential <br />Information to be used in competition with the other party. City and Consultant <br />each acknowledge that Confidential Information constitutes a unique and valuable <br />asset of the disclosing party, and that disclosure of such Confidential Information <br />by the receiving party would cause irreparable harm to the disclosing party for <br />which money damages would not be an adequate remedy and that, in addition to <br />remedies at law, the disclosing party is entitled to equitable relief as a remedy for <br />any such breach. City and Consultant each agree to refrain from acts and <br />omissions that would reduce the value of Confidential Information to the other <br />party. The obligations of the parties pursuant to this Section 33.2 shall not apply <br />to information which becomes public through no fault of the receiving party or <br />which is required to be disclosed pursuant to Section 33.3. <br />33.3 Required disclosures. City and Consultant, to the extent permitted by law, <br />agrees to provide to the other party notice of disclosures required by a <br />governmental agency, judicial body or law prior to such disclosure being made, or <br />in the event that prior notice cannot practicably be given, simultaneously with the <br />disclosure. Consultant acknowledges that the City is subject to the disclosure <br />obligations of the California Public Records Act and City agrees to apply any <br />exceptions to disclosure thereunder that are applicable in the opinion of the City <br />Attorney. <br />ATTY/AGR.2025.144/AmeriNational Community Services, LLC d/b/a AmeriNat (Page 12 of 31)