9.1 HRSR 10-02-2017 - Laserfiche WebLink

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CONFIDENTIALITY AGREEMENT (Sample Agreement) This agreement is made this day of , 20 ,by and between �-- , a company, hereinafter"Developer,"and Springsted Incorporated, a Minnesota corporation, hereinafter"Springsted." WHEREAS, Developer is (description of project), hereinafter the"Project," pursuant to a (form of agreement)with (public entity), hereinafter the"City,"dated ; and WHEREAS, Springsted has been hired by the City to investigate certain financial aspects of the Developer and the Project; and WHEREAS, in conjunction with such investigation, Springsted desires to examine the financial information of Developer relative to Developer and the Project; and WHEREAS, Developer is willing to disclose such information only on the condition that such information be kept confidential. NOW,THEREFORE, in consideration of the terms and mutual covenants contained herein,the parties agree as follows: 1. Developer agrees to make its financial information, development pro forma and projection,budget information, and such other financial information concerning the Project as Springsted may reasonably request, hereinafter the"Information,"available for inspection by Springsted,but solely for the purpose set forth above. 2. Springsted shall accept the Information in strict confidence solely for that purpose and shall make no other use of the information, or disclose it to any other person or party, including the City, without the express written consent of Developer. Notwithstanding the foregoing, Springsted may use the Information in summary form only to report its findings to the City provided that Springsted first presents its proposed report to Developer and obtains Developer's written consent to ensure that no inadvertent disclosures of confidential information or other inaccurate information are contained in such report. 3. Inspection of the Information shall take place in such manner and at such place and time as the parties may agree. The Information shall not be copied, duplicated, abstracted, summarized or recorded, directly or indirectly, by any means whatsoever, without the prior consent of Developer. 4. The Information shall remain the property of Developer, and any Information provided in tangible form shall be returned to Developer upon completion of such inspection. Any copies, duplications, abstracts, summaries or other recordings of the Information made with Developer's consent shall be returned to Developer upon demand. 5. Springsted agrees that any breach of the obligation of confidentiality imposed hereby shall constitute irreparable harm to Developer and shall entitle Developer to equitable relief enjoining any further breaches of this Agreement, together and in conjunction with any and all such other remedies as may be available to Developer at law or in equity. IN WITNESS WHEREOF,the parties have hereunto set their hands the day and year first above written. DEVELOPER By Its SPRINGSTED INC. By Its City of Elk River Tax Increment Financing Policy&Application- Housing riEllta 1 Y Amended April 8 2015 NATURE Page 13 of 14