|
- 6 -
<br /> ARTICLE VI
<br /> Confidential Information
<br /> 6.1 Confidential Information. City Manager agrees by reason of his employment he
<br /> will have access to confidential information of City (and its vendors, suppliers, customers, and
<br /> others having business dealings with it) including, without limitation, personnel data, trade
<br /> secrets, ideas or concepts for existing or proposed operations, City's technical processes,
<br /> information and knowledge pertaining to services provided by City, the cots, rates and charges
<br /> sought by City in exchange therefor, costs of doing business, internal operating procedures, and
<br /> information related to relationships between City and its vendors, suppliers, customers, and
<br /> others having business dealings with it (collectively, Confidential Information). City Manager
<br /> acknowledges the Confidential Information is a valuable and unique assot of City and agrees
<br /> that, both during and after the term of his work with City, he will not disclose, divulge or
<br /> communicate to any person or use any Confidential Information (except as his work as an
<br /> employee of City may require) without written consent of Council. City Manager further agrees
<br /> all files, letters, memoranda, reports, records, spreadsheets, data, sketches, drawings, program
<br /> listings or other written, photographic, or other tangible material containing Confidential
<br /> Information, whether created by City Manager or others, which shall conic into his possession,
<br /> are exclusive property of City to be used by City Manager only in perforn Lance of his work for
<br /> City. All records or copies thereof and all tangible property of City in possession of City
<br /> Manager shall be delivered to City, immediately upon: (a) a request by City or(b) termination of
<br /> City Manager's employment. The obligation of confidentiality imposed by this Article VI shall
<br /> not apply to information required by law, regulation or judicial or governor ntal authorities to be
<br /> disclosed or otherwise becomes part of the public domain by means other 4han City Manager's
<br /> non-observance of his obligations hereunder; but if disclosure is required by law, City Manager
<br /> will give City prompt notice upon his knowledge of such requirement to allow City to file a
<br /> request for a protective order or for such other relief as City deems appropriate.
<br /> 6.2 No Interest or License. City Manager agrees he ha� no interest in the
<br /> Confidential Information and City Manager will not claim any intere$t or license in any
<br /> Confidential Information.
<br /> 6.3 Copies. Except for use by City Manager for the benefit of City during his
<br /> employment, City Manager will not copy, reproduce, download, upload, transfer, or make any
<br /> extract,reproduction or duplicate of any Confidential Information.
<br /> 6.4 Breach. If City Manager breaches, or threatens breach, of this Article VI, City
<br /> shall have the rights and remedies set forth herein, each of which rights and remedies shall be
<br /> independent of the other(s) and severally enforceable, and all of which rights and remedies shall
<br /> be in addition to, and not in lieu of, any other rights and remedies available,to City under law or
<br /> in equity. City Manager recognizes and agrees violation or breach of the ties and obligations
<br /> described herein may not be reasonably or adequately compensated in qamages and that, in
<br /> addition to any other relief to which City may be entitled by reason of sucl 1 violation (actual or
<br /> threatened), City shall also be entitled to permanent and temporary injuncti and equitable relief
<br /> and, pending determination of any dispute with respect to such violation o breach; no bond or
<br /> security shall be required.
<br />
|