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26. Confidential Information. The Parties acknowledge and agree that each is subject to the <br /> N.C. Public Records Act, which is set forth in N.C. General Statutes 132-1, et seq. The Parties <br /> further acknowledge and agree that other standards of confidentiality may apply to information <br /> made or received during the performance of this Agreement. Such information may include <br /> proprietary information of a third party. Prior to accepting any proprietary information, the <br /> receiving Party shall ensure that an appropriate and acceptable non-disclosure agreement (NDA) <br /> is prepared. Any NDA shall ensure: <br /> a. That the Proprietary Information is protected as permitted by applicable law, <br /> b. That the Proprietary Information is available and accessible to all persons as may <br /> be necessary to complete the purposes of this Agreement, and <br /> C. That the Proprietary Information is clearly marked as such. <br /> 27. Proprietary Information: Proprietary information shall be subject to the N.C. Public <br /> Records Act, which is set forth in N.C. Gen. Stat. 132-1, et seq. Grantee shall ensure that any <br /> third party is encouraged to review the applicable Statutes prior to submitting any information or <br /> documentation believed to be proprietary. <br /> a. 911 Board may maintain the confidentiality of certain types of information <br /> described in N.C. Gen. Stat. §132-1, et seq. Such information may include trade <br /> secrets defined by N.C. Gen. Stat. §66-152 and other information exempted from <br /> the Public Records Act pursuant to N.C. Gen. Stat. §132-1.2. <br /> b. Grantee may permit third parties to designate appropriate portions of reports, data, <br /> and other deliverables as confidential, consistent with and to the extent permitted <br /> under the statutes set forth above, by marking the top and bottom of pages <br /> containing confidential information with a legend in boldface type <br /> "CONFIDENTIAL." By so marking any page, any disclosing party warrants <br /> that it has formed a good faith opinion, having received such necessary or proper <br /> review by counsel and other knowledgeable advisors that the portions marked <br /> confidential meet the requirements of the Statutes set forth above. <br /> c. The 911 Board may serve as custodian of confidential information and not as an <br /> arbiter of claims against any party's assertion of confidentiality. If an action is <br /> brought pursuant to N.C. Gen. Stat. §132-9 to compel disclosure information <br /> marked confidential, the disclosing party agrees that it will intervene in the action <br /> through its counsel and participate in defending the 911 Board, including any <br /> public official(s) or public employee(s). The 911 Board agrees to promptly notify <br /> Grantee in writing of any action seeking to compel the disclosure of a third <br /> party's confidential information. The 911 Board shall have the right, at its option <br /> and expense, to participate in the defense of the action through its counsel. The <br /> 911 Board shall have no liability to Grantee or any third party with respect to the <br /> disclosure of confidential information ordered by a court of competent jurisdiction <br /> pursuant to N.C. Gen. Stat. §132-9 or other applicable law; nor by disclosure of <br /> unmarked information or information that is publicly known. <br /> 28. Notice. All notices required or permitted to be delivered hereunder and all <br /> communications in respect hereof shall be in writing and shall be deemed given when personally <br /> Page 12 of 17 <br />