Provider: National Association of Insurance Commissioners

Condition:
Legal Details: FOIA or other legal data request

Language from Contract:
12. In the event that Licensee receives a third-party request for any documents(s) in Licensee's possession relating to or furnished as a result of this License Agreement which the Licensor has marked as "confidential" ("Proprietary Data"), the Licensee shall:
(i) Immediately notify Licensor that such production is being sought and afford Licensor the opportunity to take whatever action it deems appropriate to protect the Proprietary Data;
(ii) Notify the party seeking production of the Proprietary Data that it is the property of the Licensor; and
(iii) Consent to any application by Licensor to intervene in any action for the purpose of asserting and preserving any privileges, confidentiality rights or other protection from disclosure with respect to the Proprietary Data.

This section 12 shall not apply to Proprietary Data which: 1) at the time of receipt by the Licensee is in the public domain; 2) after its receipt by the Licensee was made public by a third party, unless such publication was improper; or 3) was in possession of the Licensee before receipt from the Licensor was developed indepedently without the use or reference to Proprietary Data or acquired directly or indirectly from a source wholly independent of the Licensor with knowledge of origination in Licensor or obligation of confidence. Licensee's obligations under this section 12 shall last for five (5) years from the Effective Date.