This first amendment to the Rapid City Rushmore Plaza Civic Center advisory services agreement October 1, 2018 will be made by and between the City of Rapid City («CITY») and the Tegra Group, Inc. («TEGRA»). 5.2 Confidential information includes all information classified as proprietary and confidential by a party to the publication, confidential information remaining the exclusive property of the revealing party, unless the ownership of that confidential information is expressly stipulated in the agreement. Items are not considered confidential information when: (a) are made available to the public as being in violation of the recipient`s consent; (b) to be properly received by a third party who does not violate any obligation of confidentiality; (c) be developed independently of one party without having access to the other party`s confidential information; or (d) that the recipient is rightly known at the time of disclosure, as evidenced by his written recordings. 1.1 xxxxxx will provide (company name) consulting services, as agreed and described in the attached work statement. All consulting services to be provided as part of this sub-activity are called services. The parties can use this agreement for several working statements. Any work instruction must relate to this agreement. 7.7 Any amendment or amendment to a provision of this Agreement must be made in writing and must bear the signature of the duly accredited representatives of both parties. The failure of one party to impose a right granted to it or to require the performance of a provision of this agreement by the other party, or the renunciation of a party to the violation of the agreement, does not preclu her or the application of such provisions at a later date or is not considered a waiver of a subsequent breach of the agreement.
All the provisions of this Agreement, which take effect on its own terms, with the termination of this Agreement or its nature, survive termination (including, but not limited, to the provisions of Sections 3, 5, 6 and 7), beyond that termination. 5.3 Each party accepts that, in the absence of the other party`s explicit written agreement, it does not use the other party`s confidential information for any purpose or transmit it to third parties. Each party undertakes to protect the other party`s confidential information from use or disclosure that has not been authorized by or in accordance with this Agreement by measures, and to exercise a level of caution at least as protective as this, xxxxx or (company name) exercises to preserve the confidentiality of its own proprietary information. , but, in the present circumstances, no less than a level of due diligence.