AIMS System and Services Agreement Page 25 of 60
CBE was a factor in the award of this System Agreement and such
status was misrepresented by Contractor;
10.9.2 Upon the disqualification by County’s Director of Small Business
Development Division of Contractor if Contractor obtained this System
Agreement or attempted to meet its CBE contractual obligations through
fraud, misrepresentation, or material misstatement;
10.9.3 Upon the disqualification by County’s Director of Small Business
Development Division of one or more of Contractor’s CBE participants if
any such participant’s status as a CBE was a factor in the award of this
System Agreement and such status was misrepresented by Contractor
or such participant;
10.9.4 Upon the disqualification by County’s Director of Small Business
Development Division of one or more of Contractor’s CBE participants if
such CBE participant attempted to meet its CBE contractual obligations
through fraud, misrepresentation, or material misstatement; or
10.9.5 If Contractor is determined by County’s Director of Small Business
Development Division to have been knowingly involved in any fraud,
misrepresentation, or material misstatement concerning the CBE status
of its disqualified CBE participant. If so determined, Contractor shall not
be awarded CBE participation credit.
ARTICLE 11
CONFIDENTIAL INFORMATION
11.1 Restrictions upon Disclosure of Information. Each party agrees:
(a) To treat the other's confidential information as proprietary to the other;
(b) To not knowingly disclose to any person, other than its employees or
contractors, or entity not a party to this Agreement any confidential
information belonging to the other party; and
(c) To inform its employees and contractors of the confidential nature of the
other's information and of the requirement of nondisclosure.
11.2 In the event either party has actual knowledge of a breach of the nondisclosure
requirements of this Article, the party acquiring such knowledge shall promptly
inform the other party and assist that party in curing the disclosure, where
possible, and preventing future disclosures. For the purposes of this provision,
the term "confidential information" shall be that information specifically
designated in writing as confidential by the claiming party. Nothing in this
provision shall prevent a party from disclosing information of the other, whether
confidential or not, where such disclosure is required by law.
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