Res 2017-078/approving a Chapter 380 economic development incentive agreement for Urban Mining Company

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information under The Public Information Act shall be treated as described in Section 9.03 of this Agreement. Notwithstanding the foregoing or any other provision of this Agreement, Company shall not be required to disclose, permit the inspection of or examination of, or discuss, any document, information or other matter that is not necessary to verify Company's compliance with this Agreement and (a) constitutes trade secrets or proprietary information, (b) in respect of which disclosure is prohibited by law or any binding agreement, or (c) is subject to attorney-client or similar privilege, employee privacy or constitutes attorney work product. Section 9.03. Confidentiality. Subject to the requirements of the Texas Public Information Act, or order of a court of competent jurisdiction, nothing contained herein shall require Company to disclose or make available to the City any information relating to its employees that would violate the privacy rights of its employees or would violate applicable law, or to disclose or make available proprietary or other confidential information of Company. The Parties acknowledge and agree that The Public Information Act exempts from disclosure certain types of records, materials and information, including without limitation: records confidential by law, either constitutional, statutory or by judicial decision (Section 552.101 of the Texas Government Code); social security numbers (Section 552.117(a)(2) of the Texas Government Code); trade secrets and economic development project information (Sections 552.110 and 552.131 of the Texas Government Code); and proprietary commercial information (Section 552.110 of the Texas Government Code). The City will endeavor to use adequate safeguards to maintain the security and confidentiality of all materials, communications, data and information related to this Agreement or supplied by Company in connection with this Agreement that may be subject to such exemptions from disclosure. Company acknowledges that this Agreement constitutes public information and the materials, communications, data and information related to 15