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DocuSign Envelope ID: 62955F1D-7A37-4CB0-A8D8-2BA7ADB5515E <br />42. CONTRACTOR'S PROPRIETARY INFORMATION <br />Contractor acknowledges that the Exchange is subject to chapter 42.56 RCW and that this Contract <br />shall be a public record as defined in chapter 42.56 RCW. Any specific information that is claimed by <br />Contractor to be Proprietary Information must be clearly identified as such by Contractor. To the <br />extent consistent with chapter 42.56 RCW, the Exchange shall maintain the confidentiality of all such <br />information marked Proprietary Information. If a public disclosure request is made to view <br />Contractor's Proprietary Information, the Exchange will notify the Contractor of the request and of <br />the date that such records will be released to the requester unless the Contractor obtains a court <br />order from a court of competent jurisdiction enjoining that disclosure. If the Contractor fails to obtain <br />the court order enjoining disclosure, the Exchange will release the requested information on the date <br />specified. <br />43. WAIVER <br />Waiver of any default or breach shall not be deemed a waiver of any subsequent default or breach. <br />Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to <br />be such in writing and signed by authorized representative of the EXCHANGE. <br />HBE-349 YNHS Exhibit A — General Terms and Conditions Page 15 of 41 <br />