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open to the public upon request under the North Dakota open records law. Grantee agrees to contact the Grantor immediately upon receiving a request for information under the open records law and to comply with the Grantor's instructions on how to respond to the request. 22. ATTORNEY FEES a. In the event a lawsuit is instituted by the Grantor to obtain performance due of any kind under this grant, and the Grantor is the prevailing party, Grantee shall, except when prohibited by N.D.C.C. 928-26-04, pay the Grantor's reasonable attorney fees and costs in connection with the lawsuit. 23.AL TERNATIVE DISPUTE RESOLUTION - JURY TRIAL a. The Grantor does not agree to any form of binding arbitration, mediation, or other forms of mandatory alternative dispute resolution. The parties have the right to enforce their rights and remedies in judicial proceedings. The Grantor does not waive any right to a jury trial. 24. CONFIDENTIAL INFORMATION a. Grantee agrees not to use or disclose any information that is confidential or exempt from mandatory public disclosure which it receives from the Grantor under this grant except as necessary to carry out the purposes of this grant or as authorized in advance by Grantor. The Grantor agrees not to disclose any information it receives from Grantee that the Grantee has previously identified as confidential and which Grantor determines, in its sole discretion, is protected from mandatory public disclosure under a specific exception to the North Dakota open records law, N.D.C.C. 944-04-18. The duty of Grantor and Grantee to maintain confidentiality of information under this section continues beyond the term of this grant, or any extensions or renewals of it. 25.ACKNOWLEDGEMENT OF NDDHS AGREEMENT a. The local entity acknowledges the binding nature of the agreement between the North Dakota Highway Patrol and the North Dakota Department of Human Services dated September 1, 2008, to provide funding for the enforcement programs, with the terms of the NDHP/NDDHS agreement being incorporated within the terms of this agreement, a copy of which is attached to this Grant Agreement.