R2017-79 Purchase Fiber Build Service for Phase 2

Home Browse Search

ARTICLE 11-CONFIDENTIAL INFORMATION 11.1 Each party,including its agents and subcontractors,to this Agreement may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this Agreement. Each party recognizes and acknowledges that the Parties are each subject to the laws of the State of Illinois and the Freedom of Information Act and,as such,will comply with the provisions of the Act as required by law. Customer information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act,shall be considered public.Any request for documents related to this Agreement shall be provided to the other Party in sufficient time for an objection to disclosure of the requested documents to be made. No confidential data collected, maintained,or used in the course of performance of the Agreement shall be disseminated except as authorized by law,either during the period of the contract or thereafter.The Parties must return any and all confidential data collected, maintained,created or used in the course of the performance of the Agreement,in whatever form it is maintained,promptly at the end of the Agreement,or earlier at the request of either Party,or notify the Party of its destruction. The foregoing obligations shall not apply to confidential data or information lawfully in the receiving Party's possession prior to its acquisition from the disclosing Party, received in good faith from a third-party not subject to any confidentiality obligation to the disclosing Party,now is or later becomes publicly know through no breach of confidentiality obligation by the receiving Party,or is independently developed by the receiving Party without the use or benefit of the disclosing Party's confidential information ARTICLE 12- INDEMNIFICATION AND LIABILITY 12.1 To the extent permitted by law,Public Agency shall indemnify and hold harmless DoIT,its agencies,officers,employees,agents and volunteers from any and all costs,demands,expenses, losses, claims,damages,liabilities,settlements and judgments, including in-house and contracted attorneys'fees and expenses,arising out of: (a)any actual or alleged death or injury to any person,damage to any property or any other damage or loss claimed to result in whole or in part from Public Agency's negligent act or performance;or(b)any act,activity or omission of Public Agency or any of its employees, representatives,or agents during the course of this agreement,prior to its completion. Neither Party shall be liable for incidental,special, consequential or punitive damages.DoIT agrees to reasonably cooperate with Public Agency in the defense of any third party claim,and agrees that Public Agency will have full control and authority over the defense and any settlements. ARTICLE 13- INSURANCE 13.1 Public Agency currently holds and shall,at all times during the term and any renewals, maintain and provide the following levels of insurance coverage: :(a)General Commercial Liability- occurrence form in amount of$10,000,000 per occurrence (b) Property insurance in the amount of$1,000,000 per occurrence;and(c)Worker's Compensation Insurance in the amount 7