Attachment 2 Nondisclosure Template-Grouse lek data.doc

Agreement Allowing use of Colorado Parks and Wildlife Information for Conservation Purposes

1) Colorado Parks and Wildlife (CPW) will provide information on <species distribution for rare and sensitive species>, specifically <Dataset (e.g., Gunnison sage-grouse lek data)>, as requested by <Person Requesting or “Undersigned”>, to <Company/Entity Requesting> for the purposes of <Specific project (e.g., gas pipeline development planning)>. This information will be used solely by <Company/Entity Requesting>, it’s employees and sub-contractors employed specifically to work on this project and for no other purpose, and are not to be distributed to any other party, including other governmental entities.

2) CPW considers this information confidential and sensitive due to the species’ vulnerability to intentional or unintentional disturbance, or due to state statutory requirements and agreements made with individual landowners to protect their privacy.

3) I, the Undersigned, represent that I am authorized to bind <Company/Entity Requesting> and on behalf of <Company/Entity Requesting> acknowledge that the information noted above is sensitive and confidential, and agree to the terms and conditions set forth herein:

· The information described above will be accessible only to <Company/Entity Requesting>, its employees and subcontractors working on the project described above, and to no other party; nor will it be made available in any manner for public viewing or distribution. <Company/Entity Requesting> represents that it and its employees and subcontractors working for them are not subject to the federal Freedom of Information Act or that it, its employees or subcontractors could otherwise be required to disclose the information to any other party.

· The information may not be transcribed or reproduced in any manner, unless authorized in writing by CPW. <Company/Entity Requesting> may display locations spatially only if necessary to the stated conservation purpose or as part of an internal process. <Company/Entity Requesting> may display point locations spatially if necessary to their stated conservation purpose, but agrees to do so in a manner and at a scale where specific locations cannot otherwise be derived.

· The information will be used for the conservation purpose described above and for no other purpose. The information will be immediately returned (and all copies destroyed) upon completion of the purpose described above, but no later than <date> or termination of this Agreement. This Agreement is terminable at will by CPW. <Company/Entity Requesting> will require its employees and subcontractors to comply with the terms and conditions listed herein.

· Requests involving biological interpretation or use of the information beyond the stated conservation purpose will be referred to CPW.

· <Company/Entity Requesting> will provide CPW the opportunity to review and comment on any manuscripts produced using these data prior to submission for publication.

· <Company/Entity Requesting> acknowledges that the information represents data and features that are variable both over time and over the landscape and that CPW makes no warranties, express or implied, regarding the use of the information for any particular purpose.

Remedies, Enforcement and Indemnification This Agreement shall be governed by Colorado law and CPW has all remedies available to it in law or equity to enforce the terms and conditions of this Agreement. Further, <Company/Entity Requesting> agrees to indemnify, defend and hold harmless CPW from any and all claims or causes of action of whatever nature, including costs and attorney fees, arising from or related in any manner to <Company/Entity Requesting>’s use the information provided or this Agreement.

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Name of Company/Entity

Date

Colorado Parks and Wildlife

Date