As-Built Information

Terms & Conditions

Confidentiality Agreement Between City of Beaverton and Private Entity

Please read these terms and conditions carefully as they may have changed since your last visit to this website. By using this service, you indicate your acceptance of these terms and conditions. If you do not accept these terms and conditions, you should not use this service.

The terms and conditions set forth below (the “Agreement”) govern your use of the City of Beaverton’s (“City”) confidential water utility information. You expressly agree to be bound by this Agreement, to follow all its terms and conditions, and comply with any applicable laws. If you do not agree with any of the following terms, the City will not release its confidential water utility information to you. If you have any questions about this Agreement, please contact the City.

  1. DEFINITION OF CONFIDENTIAL INFORMATION. Records and information in any medium that are disclosed by the City to you, your authorized officers, agents, employees, subcontractors, and representatives in connection with your request for utility information for project design purposes, including: (1) the location of the City’s water infrastructure; (2) security measures taken, recommended or considered to protect buildings, infrastructure, or other property used or owned by the City related to its water infrastructure; (3) records that, if disclosed to the public, would allow a person (a) to gain unauthorized access to buildings, infrastructure, or other property used or owned by the City or (b) identify those areas of structural or operational vulnerability that would permit unlawful disruption to, or interference with, the services provided by the City; (4) any records exempt from public records law; and (5) any other information that should reasonably be recognized as confidential information by you. Confidential Information does not include information that: (1) is or becomes available to the public by a means other than the disclosure of information by you or your representative, in violation of the terms of this Agreement; (2) was or is independently developed by you without the use of any Confidential Information and not in violation of the terms of this Agreement; or (3) is or becomes available to you from a source other than the City, provided that the source of the information is not bound by a confidentiality agreement with the City or otherwise prohibited from transmitting the information to you by a contractual, legal, or fiduciary obligation owed to the City.

  2. NONDISCLOSURE OF CONFIDENTIAL INFORMATION. You will not disclose, publish or disseminate Confidential Information to anyone other than your employees, consultants, contractors and subcontractors with a need to know the Confidential Information due to the contemplated business relationship between you and the City. You agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication or dissemination of Confidential Information. You agree to accept Confidential Information for the sole purpose of evaluating and preparing project plans, identifying potential conflicts with existing systems, and proposing possible resolutions to conflicts. You agree to use Confidential Information only for project design purposes unless it obtains prior written approval of an authorized representative of City to use the Confidential Information for another purpose.

  3. NO LICENSE; NON-WAIVER OF CONFIDENTIALITY. All Confidential Information remains the property of City and no license or other right to Confidential Information is granted or implied by this Agreement. If the City does not specifically identify information as Confidential Information, the lack of identification is not an acknowledgment or admission by the City that the information is not confidential, and it is not a waiver by the City of any of its rights regarding the information.

  4. DESTRUCTION OR RETURN OF DOCUMENTS; REQUESTS FOR DOCUMENTS. After completion of the project and expiration of any required retention period, you will destroy all copies of Confidential Information, in any medium, digital or otherwise, or return all copies to the City Engineer, including but not limited to documentation, notes, plans, mapping data and records, drawings, derivative information, summaries, and any copies. If you are required to retain the Confidential Information by any applicable law, rule or regulation, or document retention policy, you may retain one copy of the Confidential Information until it can be destroyed.

  5. INDEMNIFICATION. You shall indemnify the City against any and all claims, costs, damages, lawsuits, losses, or liabilities of any kind or nature (together “Claims”), including all expenses of investigating and defending against Claims, including reasonable attorneys’ fees and costs at trial and on appeal, that arise from, or are connected to, any disclosure of Confidential Information by you.

  6. TERM OF AGREEMENT; SURVIVAL. Your duty to protect against the disclosure of Confidential Information the City provides to you shall survive termination of this Agreement and bind you in perpetuity.

  7. NO FUTURE OBLIGATIONS. This Agreement does not obligate the parties to enter into further agreements or any other potential relationship or transaction.

  8. EQUITABLE RELIEF. You acknowledge that unauthorized disclosure or use of Confidential Information could cause irreparable harm and significant injury to City that may be difficult to ascertain. Therefore, you agree that City will have the right to seek and obtain immediate injunctive relief to enforce obligations under this Agreement in addition to any other rights and remedies it may have.

  9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement with respect to Confidential Information disclosed to you and supersedes all prior or contemporaneous oral or written agreements concerning such Confidential Information. This Agreement may not be amended except by a written amendment signed by authorized representatives of both parties.

  10. GOVERNING LAW; VENUE. This Agreement will be governed by and construed in accordance with the laws of the State of Oregon, excluding that body of Oregon law concerning conflicts of law. Any claim, action, or suit arising from this Agreement shall be brought and conducted in Circuit Court of Washington County, Oregon, or, if the claim must be brought in a federal forum, in the United States District Court for the District of Oregon.

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