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Johnson ` Project Development Agreement <br /> Controls <br /> 10. Confidentiality <br /> This agreement creates a confidential relationship between JCI and Customer. Both parties acknowledge that while <br /> performing this Agreement,each will have access to confidential information, including but not limited to systems, <br /> services or planned services,suppliers,data,financial information,computer software, processes,methods, knowledge, <br /> ideas,marketing promotions,current or planned activities, research,development,and other information relating to the <br /> other party("Proprietary Information").Except as authorized in writing both parties agree to keep all Proprietary <br /> Information confidential.JCI may only make copies of Proprietary Information necessary for performing its services. <br /> Upon cessation of services,termination,or expiration of this Agreement,or upon either party's request,whichever is <br /> earlier, both parties will return all such information and all documents,data and other materials in their control that <br /> contain or relate to such Proprietary Information.The City will keep confidential information that is exempt under the <br /> laws governing the Freedom of Information Act. <br /> JCI and Customer understand that this is a confidential project and agree to keep and maintain confidentiality regarding <br /> its undertaking of this project.JCI shall coordinate its services only through the designated Customer representative and <br /> shall provide information regarding this project to only those persons approved by Customer.JCI will be notified in <br /> writing of any changes in the designated Customer representative. <br /> 11. Miscellaneous Provisions <br /> By oo WO By J r f J � e S C <br /> Signa ure Signature <br /> Title TitleA <br /> G&,1 /� 4(4 a �- <br /> Date U r\ ) Z�;► Date 5tnv� e O <br /> This Agreement cannot be assigned by either party without the prior written consent of the other party.This Agreement <br /> is the entire Agreement between JCI and the Customer and supersedes any prior oral understandings,written <br /> agreements, proposals,or other communications between JCI and the Customer.Any change or modification to this <br /> Agreement will not be effective unless made in writing.This written instrument must specifically indicate that it is an <br /> amendment,change,or modification to this Agreement. <br /> This document represents the business intent of both parties and should be executed by the parties who would <br /> ultimately be signatory to a final agreement. <br /> ATTACHMENT <br /> 0 2018 Johnson Controls,Inc. All rights reserved. Page 5 of 5 <br />