Laserfiche WebLink
16. Disclosure. <br />A. Developer warrants that none of its principals, officers, partners, joint venturers, <br />employees, associates, or affiliates who have any economic interest in this Agreement or the <br />contemplated development of the Site or the Project, have a familial, financial, or other material <br />relationship with any elected or appointed official or employee of the City. <br />B. City warrants that none of its elected or appointed officials have any economic <br />interest in this Agreement, the contemplated development of the Site or the Project, nor do they <br />have any familial, financial, or other material relationship with Developer or any of Developer's <br />principals, officers, partners, joint venturers, employees, associates, or affiliates. <br />17. Expenses. Except as otherwise expressly provided herein, all costs and expenses <br />(including, without limitation, all legal fees and expenses) incurred in connection with this <br />Agreement and the activities contemplated hereby shall be paid by the Party incurring the same. <br />Nothing in this Section is intended to or shall be interpreted to affect any City policy regarding <br />payment of City fees for processing permits and approvals by applicants. <br />18. Confidentiality; Dissemination of Information. During the Term, each Parry shall obtain <br />the consent of the other Parry prior to issuing or permitting any of its officers, employees or <br />agents to issue any press release or other information to the press with respect to this Agreement; <br />provided however, no Party shall be prohibited from supplying any information to its <br />representatives, agents, attorneys, advisors, financing sources and others to the extent necessary <br />to accomplish the activities contemplated hereby so long as such representatives, agents, <br />attorneys, advisors, financing sources and others are made aware of the terms of this Section. <br />Nothing contained in this Agreement shall prevent either Party at any time from furnishing any <br />required information to any governmental entity or authority pursuant to a legal requirement or <br />from complying with its legal or contractual obligations. Nothing contained in this section shall <br />be construed or interpreted to prevent or restrain compliance with the provisions of the California <br />Public Records Act or the Ralph M. Brown Act. <br />City and Developer enter into this Agreement with the understanding that Developer may <br />provide certain information of a confidential nature during negotiations. Such information may <br />be necessary for City to verify information that is relevant to negotiations. City and Developer <br />agree that they will keep confidential and not disclose any information submitted by Developer <br />in the course of the negotiations and identified as privileged or confidential under the law unless <br />ordered to do so by a final order of court. Developer agrees to bear all costs and expenses <br />(including attorney's fees) related to any litigation that is filed seeking disclosure of information <br />and documents submitted by Developer in connection with the negotiations contemplated <br />hereby. Notwithstanding the provisions of this Section, in no event shall any Party be required to <br />disclose to any other party information which is protected by the attorney-client privilege. <br />19. Execution of Definitive Agreement. If the Parties successfully negotiate an agreement <br />for the development of the Site, City staff shall recommend approval of the agreement to the City <br />Council. The City shall have no legal obligation to grant any approvals or authorizations for the <br />1145383-5 $ <br />