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18 <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 third <br /> 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. §14313-1412 and §132-1, et seq. Such information may <br /> include trade secrets defined by N.C. Gen. Stat. §66-152 and other information exempted <br /> from 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 under the <br /> statutes set forth above, by marking the top and bottom of pages containing confidential <br /> information with a legend in boldface type"CONFIDENTIAL." By so marking any page, <br /> any disclosing party warrants that it has formed a good faith opinion,having received such <br /> necessary or proper review by counsel and other knowledgeable advisors that the portions <br /> marked 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 brought <br /> pursuant to N.C. Gen. Stat. §132-9 to compel disclosure information marked confidential, <br /> the disclosing party agrees that it will intervene in the action through its counsel and <br /> participate in defending the 911 Board, including any public official(s) or public <br /> employee(s). The 911 Board agrees to promptly notify Grantee in writing of any action <br /> seeking to compel the disclosure of a third party's confidential information. The 911 Board <br /> shall have the right, at its option and expense, to participate in the defense of the action <br /> through its counsel. The 911 Board shall have no liability to Grantee or any third party <br /> with respect to the disclosure of confidential information ordered by a court of competent <br /> jurisdiction pursuant to N.C. Gen. Stat. §132-9 or other applicable law; nor by disclosure <br /> of unmarked information or information that is publicly known. <br /> 28. Notice. All notices required or permitted to be delivered hereunder and all communications <br /> in respect hereof shall be in writing and shall be deemed given when personally delivered by one <br /> or more of the following: by email, which the parties agree is the preferred method for delivery, <br /> or when deposited in the United States mails, first class, postage prepaid and properly addressed, <br /> as follows: <br /> If to the 911 Board: Attn: L. V. Pokey Harris, Executive Director <br /> N.C. 911 Board <br /> P.O. Box 17209 <br /> Raleigh,NC 27609 <br /> Ph: 919-754-6621 <br /> E-Mail: pokey.harris@nc.gov <br /> If to Grantee: The PSAP Contact listed on the Grant Application, which is <br /> attached as Exhibit C. If the Contact changes, the Grantee must <br /> Page 16 of 21 <br />