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111 SECTION 6: ATTACHMENTS | 2014_0122 judicial determinations made pursuant to the foregoing laws. Contractor will be notified prior to Purchaser’s release of documents to entities other than participating agencies or other State agencies. Contractor shall be exclusively responsible for defendin g Contractor’s position concerning the confidentiality of the requested documents, at its own expense. 18.5 Recycled products. Contractor must use, to the maximum extent economically feasible in the performance of this Contract, recycled paper (as defined in ORS 279A.010(1)(gg)), recycled PETE products (as defined in ORS 279A.010(1)(hh), and other recycled plastic resin products and recycled products (as “recycled product” is defined in ORS 279A.010(1)(ii). 19. Notices. Except as otherwise provided in a Purchase Order, any notices to be given under this Addendum or under a Purchase Order must be given in writing by personal delivery, by facsimile, or by mailing the notice, postage prepaid, to the address or phone number set forth on the Purchase Order. Any communication so addressed and mailed will be deemed to have been received five calendar days after mailing. Any communication delivered by facsimile will be deemed to be given when a confirming report for the transmission is generated by the transmitting fax machine. To be effective against the receiving party, a fax transmission or mailed notice must be confirmed by telephone notice and email notice to the receiving party’s authorized representative. Any notice by personal delivery will be deemed to be given when actually received by the appropriate authorized representative. For notices given under this Addendum, the contact information for representatives of Contractor and Oregon DPS are set forth in Section 5 of the Addendum. 20. Confidential Information and non-disclosure. 20.1 In the course of performing under this Addendum, Contractor may be exposed to or acquire information that is confidential to Oregon DPS and Purchasers. Any information of any form obtained by Contractor and its employees, agents, and approved subcontractors (together, “Contractor Personnel”) in the performance of this Addendum and Purchase Orders is confidential information of Oregon DPS and Purchasers (“Confidential Information”). Contractor must treat any reports or other documents or items which result from the use of the Confidential Information in the same manner as Confidential Information. 20.2 Non-disclosure obligation. Contractor must hold Confidential Information in confidence, using at least the same degree of care that Contractor uses in maintaining its own confidential information, and must not transfer, copy, reproduce, sell, assign, license, market, or otherwise disclose Confidential Information to third parties (other than Contractor Personnel who have a need to know such information). Contractor must not use Confidential Information for any purpose whatsoever other than in performing under this Addendum. Contractor must advise Contractor Personnel in writing of their obligations to keep the Confidential Information confidential. Contractor must use commercially reasonable efforts to assist Purchasers in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the foregoing, Contractor mus t advise Purchasers immediately if Contractor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the non-disclosure obligations of this Addendum. Contractor will at its expense cooperate with Purchasers in seeking injunctive or other equitable relief in the name of Purchasers or Contractor against any such person. Contractor agrees that, except as directed by Purchasers, Contractor will not at any time during or after the term of this Addendum disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Addendum, and that upon termination of this Addendum or at a Purchaser’s request, Contractor will provide to the Purchaser all documents, papers, and all other materials in Contractor’s possession that contain Confidential Information of that Purchaser. 20.3 Confidential Information does not to include information that (a) is or becomes (other than by disclosure by Contractor) publicly known or is contained in a publicly available document, (b) is furnished by Purchaser to others without restrictions similar to those imposed by this Addendum, (c) is rightfully in Contractor’s possession without the obligation of nondisclosure prior to the time of its disclosure under this Addendum, (d) is obtained from a source other than Purchaser without the obligation of confidentiality, (e) is disclosed with the written consent of a Purchaser, or (f) is independently developed by Contractor Personnel who have had no access to the Confidential Information. 21. Dispute resolution. In the event that there is any disagreement, dispute, breach, or claim of breach, non-performance, or repudiation arising from, related to or in connection with the Addendum or any Purchase Order, including without limitation to any party’s failure or alleged failure to comply with any of the provisions of the Addendum (collectively, a “Dispute”), other than one related to the release of Confidential Information, Oregon DPS and Contractor shall first conduct the following procedure in an attempt to resolve the Dispute: (a) Oregon DPS and Contractor must make every effort to settle any dispute through their respective managers within five calendar days of one party notifying the other party of a dispute. (b) If the dispute is not resolved between the managers, then either party may initiate formal dispute resolution discussions by advising the other party in writing. The contacts for these discussions will be Oregon DPS’s and Contractor’s