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<br />The Consultant agrees not to disclose the following to any person, firm or governmental entity, <br />other than to City officials and employees involved in the City's evaluation of the LCRA Draft <br />Agreement, without first obtaining consent to the disclosure from the City Manager of the City: <br /> <br />1) Any information defined as a "competitive matter," and communicated to Consultant as <br />such, related to the City's electric utility in Resolution No. 2001-195R, that is collected <br />by the Consultant from the City under this Agreement. <br />2) Any analysis performed by the Consultant of information described in item 1 above. <br />3) Any analysis performed by the Consultant for the City related to the LCRA Draft <br />Agreement. <br />4) Any strategy communicated or discussed by the Consultant with, or decided upon by, the <br />City related to the LCRA Draft Agreement. <br /> <br />The Consultant acknowledges that the information listed in items 1 - 4 above is of a confidential <br />nature with respect to the City's electric utility, and the disclosure of the information could result <br />in damage to the City. The Consultant acknowledges that the City shall be entitled to injunctive <br />relief if the Consultant breaches or threatens to breach this nondisclosure provision, in addition <br />to any other remedy at law or in equity available to the City. The Consultant agrees that this <br />nondisclosure provision will apply throughout the term of this Agreement, will survive the <br />termination of this Agreement, and will remain in effect for a period of five years after the <br />termination of this Agreement. <br /> <br />Please indicate your acceptance of this agreement by counter-signing both originals, returning <br />one fully executed original and retaining one executed copy for your files. Please return the <br />executed original to Renate Yanity, Contracts Manager, at the City's address above. <br /> <br />City of San Marcos <br /> <br />Navigant Consulting, Inc. <br /> <br />By: ~\ ~~ <br /> <br />Dan 0 eary, City anager <br /> <br /> <br />0.\ re.. <br /> <br />Date: <br /> <br />'i? \\ ~ } i' <br /> <br />Navigant letter agreement <br /> <br />2 <br />