<br />1.4. "Civil Fee" means the fee assessed for violations of the City Ordinance, as set forth in the
<br />Ordinance.
<br />
<br />1.5. "Confidential or Private Information" means, with respect to any Person, any
<br />information, matter or thing of a secret, confidential or private nature, whether or not so
<br />labeled, which is connected with such Person's business or methods of operation or
<br />concerning any of such Person's suppliers, licensors, licensees, City's or others with
<br />whom such Person has a business relationship, and which has current or potential value
<br />to such Person or the unauthorized disclosure of which could be detrimental to such
<br />Person, including but not limited to:
<br />
<br />1.5.1. Matters of a business nature, including but not limited to information relating
<br />to development plans, costs, finances, marketing plans, data, procedures,
<br />business opportunities, marketing methods, plans and strategies, the costs of
<br />construction, installation, materials or components, the prices such Person
<br />obtains or has obtained from its clients or City's, or at which such Person sells
<br />or has sold its services; and
<br />
<br />1.5.2. Matters of a technical nature, including but not limited to product information,
<br />trade secrets, know-how, formulae, innovations, inventions, devices,
<br />discoveries, techniques, formats, processes, methods, specifications, designs,
<br />patterns, schematics, data, access or security codes, compilations of
<br />information, test results and research and development projects. For purposes
<br />of this Agreement, the term "trade secrets" shall mean the broadest and most
<br />inclusive interpretation of trade secrets.
<br />
<br />1.5.3. Notwithstanding the foregoing, Confidential Information will not include
<br />information that: (i) is a public record, and not otherwise exempt, pursuant to
<br />Florida law; (ii) was generally available to the public or otherwise part of the
<br />public domain at the time of its disclosure, (iii) became generally available to
<br />the public or otherwise part of the public domain after its disclosure and other
<br />than through any act or omission by any party hereto in breach of this
<br />Agreement, (iv) was subsequently lawfully disclosed to the disclosing party
<br />by a person other than a party hereto, (v) was required by a court of competent
<br />jurisdiction to be described, or (vi) was required by applicable state law to be
<br />described.
<br />
<br />1.6. "Designated Intersection" means the Intersections, as that term is defined in the City
<br />Ordinance, set forth on Exhibit "A" attached hereto, and such additional Intersections, as
<br />Vendor and the City shall mutually agree from time to time through the parties' Project
<br />Managers.
<br />
<br />1.7. "Electronic Signature" means the method through which the Authorized Employee
<br />indicates his or her approval of the issuance of a Notice of Infraction in respect of a
<br />potential Infraction using the Vendor System.
<br />
<br />Page 2 of31
<br />
|