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1733 S. Michigan Street 227 W. Jefferson Boulevard, Suite 12S <br />South Bend, IN 46613 South Bend, IN 46601 <br />Attn: Steven Hensley Attn: Corporation Counsel <br />10. Confidentiality. The Provider acknowledges that information which the City <br />regards as confidential or proprietary in nature (the "Information"), may come to the knowledge <br />of the Provider during the Provider's performance of services. The Provider shall treat the <br />Information as strictly confidential and agrees that the Provider will not, at any time or in any <br />manner, either directly or indirectly, (i) use, or allowed to be used, any Information for the <br />Provider's own benefit or the benefit of any director, official, employee, or agent or any third party, <br />or (ii) divulge, disclose, or communicate in any manner any Information to any third party without <br />the written consent of the City. The Provider shall be responsible for maintaining the <br />confidentiality of any Information in his possession, including taking appropriate measures to <br />secure said Information against such uses and dissemination and to inform any person to which he <br />allows to access such information of its confidentiality. Notwithstanding anything to the contrary <br />contained in this Agreement, the Parties will adhere to their respective obligations under the <br />Indiana Access to Public Records Act, and nothing herein will be construed to relieve either Party <br />of such obligations. The confidentiality provisions of this Agreement remain in full force and effect <br />after, and survive the termination of, the Term of this Agreement. <br />11. Equal Opportunity; Non -Discrimination; Compliance. The Provider shall comply <br />with all applicable laws and regulations in its hiring and employment practices and policies for <br />any activity covered by this Agreement. The Provider shall comply with all federal, state, and <br />municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement <br />including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non- <br />discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the <br />government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new <br />employees and prohibiting employment of any person who is not legally entitled to work in the <br />United States ). Each of the foregoing provisions is incorporated herein as set forth in full, and the <br />Provider certifies that it is in compliance with each such provision and shall remain in compliance <br />through the term of this Agreement. <br />12. Contractor's Affidavit. The Provider agrees, as a condition precedent to the <br />effectiveness of this Agreement, that its authorized representative will execute and submit to the <br />City and any other appropriate bodies an affidavit in the form attached hereto as Exhibit B. <br />13. Drug -Free Workplace. The Provider hereby agrees to make a good faith effort to <br />provide and maintain a drug -free workplace. The Provider will give written notice to the City <br />within ten (10) days after receiving actual notice that the Provider or an employee of the Provider <br />within the State of Indiana has been convicted of a criminal drug violation occurring in the <br />workplace. <br />14. Counterparts. This Agreement may be executed in counterparts, all of which shall <br />be deemed originals. <br />15. Non -Collusion and Acceptance. The undersigned attests, subject to the penalties <br />3 <br />