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Bench Handout <br />Agenda Item 9.f. <br />Exhibit C to Attachment A <br />March 23, 2020 <br />The written report required under Exhibit B shall become the sole property of City after payment <br />to Consultant of the TOTAL AMOUNT required in Exhibit B. Notwithstanding paragraph 19 of <br />the parties’ Agreement, Tthesurvey questionnaires and replies and all related data, materials, and <br />information shall remain the property of Consultant. Consultant agrees not to divulge or use for <br />any purpose, including but not limited to advertising and public relations, the information obtained <br />in the survey without the written consent of City; provided, however, if the data or results of the <br />survey are directly or indirectly made public by City or anyone else, Consultant may make public <br />the following information: the population from which the sample was taken, the method of <br />obtaining the interviews, including the size and design of the sample, and the basis of the data if <br />the sample is less than the total sample, the dates and times when the interviews were conducted, <br />the exact wording of questions asked and the client’s name. City agrees that if it or anyone else <br />acting on its behalf wishes to release in whole or in part to the public by press release, speech, or <br />otherwise, the data or results of the survey or contents of the written report, that City or such other <br />person will first notify Consultant in writing, and that there will be also stated in the release, <br />speech, or otherwise, that the survey was done by THE MORRIS LEATHERMAN COMPANY, <br />OF MINNEAPOLIS, MINNESOTA. City further understands and agrees that the names and <br />addresses of interviewers used by Consultant and the names and/or addresses of persons sampled <br />are confidential and will not be made available to City. <br /> <br />