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party that becomes aware of the incident to Texserve' or the City's Board of Trustees for <br />appropriate action. <br />21.0 FISCAL FUNDING CLAUSE <br />Notwithstanding any provision contained herein to the contrary, the obligations of the parties <br />under this Agreement are expressly contingent upon the availability of funding for each item and <br />obligation contained herein. The parties shall make any payments required under this Agreement <br />from current revenue available to the parties. In the event a party is unable to fulfill its <br />obligations under this Agreement as a result of lack of sufficient funding, or if funds become <br />unavailable, that party, at its sole discretion, may provide funds from a separate source or may <br />otherwise terminate this Agreement by written notice to the other party at the earliest possible <br />time prior to the end of the fiscal year; provided, however, the terminating party shall be required <br />to pay any expenses already incurred pursuant to this Agreement as of the time the terminating <br />party provides such notice. In the event that a party is unable to fulfill. its obligations under this <br />Agreement as a result of lack of sufficient funding, the other party may immediately terminate <br />this Agreement. <br />22.0 CONFIDENTIALITY AND RECORDS <br />A. Except as may be subject to the provisions of The Public Information Act, Texas <br />Government Code Chapter 552, during the term of this Agreement and for an indefinite <br />period thereafter, neither party shall disclose to any third person, or use for itself in any <br />way for pecuniary gain, any Confidential Information learned from the other party during <br />the course of negotiations for this Agreement or during the Term of this Agreement, <br />including the terms of this Agreement. <br />B. Upon termination of this Agreement, each party shall return to the other all tangible <br />Confidential Information of such party. Each party shall retain in confidence and not <br />disclose to any third party any Confidential Information without the other party's express <br />written. consent, except (a) to its employees who are reasonably required to have the <br />Confidential Information, (b) to its agents, representatives, attorneys and other <br />professional advisors that have a need to know such Confidential Information, provided <br />that such parties undertake in writing (or are otherwise bound by rules of professional <br />conduct) to keep such information strictly confidential, and (c) pursuant to, and to the <br />extent of, a request or order by any Governmental Authority, including laws relating to <br />public records. <br />C. Each party shall safeguard and adhere to all confidentiality, privacy, and security <br />requirements under applicable federal, state, and local laws, rules, and regulations <br />regarding the privacy and security of all information obtained by either party from the <br />other in connection with this Agreement and each respective party's performance <br />hereunder, including the Texas Public Information Act. <br />D. Each party shall only use information obtained in connection with the Ordinance for the <br />purposes of detecting a violation or Potential Violation of the Ordinance or for <br />15 <br />