Professional Services Proposal - Consulting Services to Assist the City’s Payroll Processing System - enFocus, Inc.

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(c) The confidentiality, as stated in SECTION 4 (b), will not apply to information which: (1) is at the time of receipt public knowledge, or after receipt becomes public knowledge through no act of omission on the part of enFocus; (2) was known to enFocus, as shown by written records, prior to disclosure by Sponsor; (3) is received by enFocus from a third party who did not obtain the information from Sponsor; or (4) is required by law to be disclosed. Consultant hereby acknowledges and agrees that all property, including, all books, manuals, records, reports, notes, contracts, lists, blueprints, and other documents, or materials, or copies thereof, that is produced under this Agreement (collectively, the "Proprietary Information"), and equipment furnished to or prepared by Consultant in the course of or incident to rendering of services to the Sponsor, belong to the Sponsor and shall be promptly returned to the Sponsor upon request. (d) Consultant agrees to hold all Sponsor's Proprietary Information in strict confidence and trust for the sole benefit of the Sponsor and not to, disclose, use, copy, publish, summarize, or remove from Sponsors premises any Proprietary Information (or remove from the premises any other property of the Sponsor) during the Consulting Period except to the extent necessary to carry out Consultant's responsibilities under this Agreement. All notices or other communications required or permitted hereunder shall be made in writing and shall be deemed to have been duly given if delivered by hand or mailed, postage prepaid, by certified or registered mail, return receipt requested, and addressed to the Sponsor at: ATTN: City of South Bend, Indiana, Board of Public Works 227 W, Jefferson Blvd. South Bend, IN 46601 or to the Consultant at: ATTN: Allison Egan, Program Director for Civic Innovation enFocus Studebaker Building 113 635 S Lafayette Boulevard South Bend, IN 46601 This document andits contents are confidential. Ifyou have received this document in error, please destroy immediately.