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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 Property or the Project, have a familial, financial, or other <br />material relationship with any elected or appointed official or employee of the Agency. <br />B. Agency warrants that none of its elected or appointed officials have any economic <br />interest in this Agreement, the contemplated development of the Property or the Project, nor do <br />they have any familial, financial, or other material relationship with Developer or any of <br />Developer's principals, officers, partners, joint venturers, employees, associates, or affiliates. <br />17. Expenses. Except as provided in Sections 4 and 6 or otherwise expressly provided <br />herein, all costs and expenses (including, without limitation, all legal fees and expenses) incurred <br />in connection with this Agreement and the activities contemplated hereby shall be paid by the <br />Party incurring the same. Nothing in this Section is intended to or shall be interpreted to affect <br />any Agency policy regarding payment of Agency fees for processing permits and approvals by <br />applicants. <br />18. Confidentiality; Dissemination of Information. During the Term, each Party shall obtain <br />the consent of the other Party 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 NI. Brown Act. <br />Agency and Developer enter into this Agreement with the understanding that Developer <br />may provide certain information of a confidential nature during negotiations. Such information <br />may be necessary for Agency to verify information that is relevant to negotiations. Agency and <br />Developer agree that they will keep confidential and not disclose any information submitted by <br />Developer in the course of the negotiations and identified as privileged or confidential under the <br />law unless ordered to do so by a final order of court. Developer agrees to bear all costs and <br />expenses (including attorney's fees) related to any litigation that is filed seeking disclosure of <br />information and documents submitted by Developer in connection with the negotiations <br />contemplated hereby. Notwithstanding the provisions of this Section, in no event shall any Party <br />be required to disclose to any other party information which is protected by the attorney-client <br />privilege. <br />1284546-2 <br />OHS West260718899.2 <br />19268-3 C14 <br />