The Connecticut Green Bank is a “public agency” for purposes of the
Connecticut Freedom of Information Act (“FOIA”). Accordingly, this application
and all information received by The Connecticut Green Bank regarding this
application will be considered public record subject to disclosure under the FOIA, except
for information falling within one of the exemptions in Conn. Gen.
Stat. Sections § 1-210(b) and § 16-245n(d), which include “trade secrets” and
“commercial or financial information given in confidence, not required by
statute.”
Therefore, Company is advised that it should
specifically identify those particular sentences, paragraphs, pages, sections
or exhibits that it claims to be confidential and exempt. Consultant should
further provide a statement stating the basis for each claim of exemption. It
will not be sufficient to state generally that the information is proprietary
or confidential in nature and not, therefore, subject to release to third
parties. A convincing explanation and rationale sufficient to justify each
exemption consistent with General Statutes §1-210(b) and § 16-245n(d) must be
provided. The explanation and rationale should be stated in terms of the
prospective harm to the competitive position of Company (or such submitting
Person) that would result if such information were released.
Company acknowledges that (1) The Connecticut Green Bank has no
obligation to notify the Company of any FOIA request received by The
Connecticut Green Bank; (2) The Connecticut Green Bank may disclose materials
claimed by the Company to be exempt, if in its judgment, such materials do not
appear to fall within a statutory exemption; (3) The Connecticut Green Bank may in its discretion notify
Company of FOIA requests and/or of complaints made to the Freedom of
Information Commission
concerning items for which an exemption has been claimed, but The Connecticut
Green Bank has no obligation to
initiate, prosecute or defend any legal proceeding, or to seek to secure any
protective order or other relief to prevent disclosure of any information pursuant to an
FOIA request; (4) Company will have the burden of establishing the availability
of any FOIA exemption in any such legal proceeding; and (5) in no event shall
The Connecticut Green Bank or any of its officers, directors or employees have
any liability for the disclosure of documents or information in The Connecticut
Green Bank’s possession where The Connecticut Green Bank, or such officer,
director or employee, in good faith believes
the disclosure to be required under the FOIA or other law.