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<br /> without the prior written authorization of the Council. The Employee further agrees that all files,
<br /> letters,memoranda,reports,records,s readsheets,data,sketches,drawings,program listings or other
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<br /> written, photographic, or other tangible material containing Confidential Information, whether
<br /> created by the Employee or others,which shall come into his custody or possession, shall be and are
<br /> the exclusive property of the City to be used by the Employee only in the performance of his duties
<br /> for the City while an employee of the City. All such records or cop�es thereof and all tangible
<br /> property of the City in the custody or possession of the Employee shall b' delivered to the City,upon
<br /> the earlier of(i) a request by the City ar (ii) termination of the Emplo ee's employment (for any
<br /> reason or no reason). After such delivery, the Employee shall n t retain any Confidential
<br /> Information or records or copies thereof or any such tangible pr perty. The obligation of
<br /> confidentiality imposed by this Section shall not apply to informati n that is required by law,
<br /> regulation or judicial or governmental authorities to be disclosed or that otherwise becomes part of
<br /> the public domain by means other then the Employee's non-observanc�of his (or her) obligations
<br /> hereunder;provided,however,that if disclosure is required by law,the Employee will give the City
<br /> prompt notice upon his knowledge of such requirement to allow the City to file a request for a
<br /> protective order or for such other relief as the City deems appropriate.
<br /> (b) The Employee irrevocably covenants that he(or she)has no ownership interest in the
<br /> Confidential Information and the Employee shall not claim, allege, assert, obtain, or possess any
<br /> basis, title, interest, license or right in any Confidential Information.
<br /> (c) The Employee shall not copy, reproduce, download, upload, transfer, or make any
<br /> extract, reproduction or duplicate of any Confidential Information e�cept as may be permitted
<br /> expressly by the City for the sole and exclusive use by Employee for tl�e benefit of the City during
<br /> the Employee's employment with the City. ,
<br /> (d) If the Employee breaches,threatens to commit a breach,or his actions or statements
<br /> place the City in reasonable apprehension of a breach by the Employe�e, of any of this § 27 of the
<br /> Agreement, the City shall have the rights and remedies set forth herein, each of which rights and
<br /> remedies shall be independent of the other(s) and severally enforceable, and all of which rights and
<br /> remedies shall be in addition to,and not in lieu of,any other rights and remedies available to the City
<br /> under law or in equity. The Employee recognizes and agrees (expressly and irrevocably) that the
<br /> violation or breach of the duties and obligations described herein may not be reasonably or
<br /> adequately compensated in damages and that, in addition to any other relief to which the City may
<br /> be entitled by reason of such violation (actual or threatened), the City shall also be entitled to
<br /> permanent and temporary injunctive and equitable relief and,pending determination of any dispute
<br /> with respect to such violation or breach, no bond or security shall be required in connection
<br /> therewith. Without limiting the generality of the foregoing,the Employee specifically acknowledges
<br /> that a showing by the City of any breach or threatened breach of any provision hereof shall
<br /> constitute,for the purposes of all judicial determinations of the issue of injunctive relief,conclusive
<br /> proof of all of the elements necessary to entitle the City to interim and permanent injunctive relief
<br /> against the Employee with respect to such breach or threatened breac . If any dispute arises with
<br /> respect to the duties and obligations of the Employee set forth herein, ithout limiting in any way
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