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D. Ownership of Materials <br />BWG warrants that Consideration as outlined above constitutes full <br />payment for services rendered. Any rewards, monetary or otherwise, <br />received from any materials produced will belong to the City. <br />Section 3. Warranties and Representations <br />A. the City warrants and represents to BWG that it has the right and <br />authority to enter into this Agreement and that this Agreement does <br />not conflict with any other agreement or obligation of the City. <br />B . BWG warrants and represents to the City that it has the right and <br />authority to enter into this Agreement and to provide the City with the <br />services described in Section 1, and that this Agreement does not <br />conflict with any other agreement or obligation of BWG. <br />Section 4. Confidentiality <br />A. BWG agrees to treat as confidential any work produced by BWG <br />hereunder, as well as any information the City has provided to BWG, <br />whether now or in the future, in connection with the performance of <br />services under this Agreement (the "Information"). This provision <br />shall survive termination of this Agreement. <br />B. The confidentiality and use obligations set forth above apply to all or <br />any part of any Information provided before or after the effective date <br />of this Agreement except to the extent that: <br />1) BWG can show by written record that it possessed the <br />Information prior its receipt from the City; <br />2) The Information was already available to the public or became <br />so through no fault of BWG; <br />3) The Information is subsequently disclosed to BWG by a third <br />party that has the right to disclose it to BWG free of any <br />obligations of confidentiality; or <br />4) Five (5) years have elapsed from the later of the date of this <br />Agreement or the disclosure of the Information to BWG by the <br />City. <br />- 3 - <br />