CC PACKET 05242016 - Laserfiche WebLink

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20 Pending final decision of a dispute, the Parties will proceed diligently with the performance of the Agreement. Failure by the Operator comply precisely with the time deadlines under this paragraph as to any claim shall operate as a release of that claim and a presumption of prejudice to the Subscriber. 17.15 Goodwill and Publicity. Operator shall have the right to use graphical representations or photography of the System in marketing and promotional materials. Subscriber agrees to the use by Operator of Subscriber’s name as a subscriber, if applicable, in Operator’s marketing materials in connection with the System and any future Community Solar Garden program or similar projects undertaken by Operator. Operator agrees not to disclose any other Subscriber information in connection with Operator’s marketing and promotional materials. Subscriber agrees not to use Operator’s name, logo, trademark, trade name, service mark, or other Operator intellectual property in any marketing or promotional materials without the prior written consent of Operator. To avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use and to help ensure that Environmental Attributes will be certified by Green- e® or a similar organization, Subscriber and Operator will consult with each other about press releases or public communications to help ensure that the Operator's rights to claim Environmental Attributes are not compromised while allowing both Parties to claim publicity. This section will not be construed to require Subscriber to obtain consent for any postings or publications required by law or undertaken by Subscriber in its capacity as a government entity. 17.16 Trade Secret Data Provided to Governmental Entities. Operator may provide data that it designates as trade secret to Subscriber. Under Minnesota Statutes section 13.37, subdivision 1(b), Subscriber is responsible for determining whether data marked as trade secret by Operator qualifies as trade secret under the law. For Operator data that Subscriber determines is trade secret, Subscriber will not share the data with any other Person or entity except as required by law. If Subscriber receives a request under the Minnesota Government Data Practices Act for access to data that Operator designated as trade secret but subscriber has determined is not trade secret, then Subscriber will use its best efforts to give the Operator ten (10) days’ notice before releasing the data in order to permit the Operator to exercise whatever legal remedies are available to the Operator to prevent such disclosure. 70