Final Version
<br />12. Term. This Agreement shall terminate one (1) year from the Effective Date of this
<br />Agreement, or thirty (30) calendar days following written notice by any Party to the others of its desire to
<br />terminate this Agreement, whichever occurs first. However, except as to 1) security system plans, which
<br />include records, information, photographs, audio and visual presentations, schematic diagrams, surveys,
<br />recommendations, or consultations or portions thereof relating directly to the physical security of the facility
<br />or revealing security systems; threat assessments conducted by District or any private entity; threat response
<br />plans; emergency evacuation plans; sheltering arrangements; or manuals for security personnel, emergency
<br />equipment, or security training; and 2) building plans, blueprints, schematic drawings, and diagrams,
<br />including draft, preliminary, and final formats, which depict the internal layout and structural elements of a
<br />building, arena, stadium, water treatment facility, or other structure owned or operated by District, the
<br />obligations contained herein shall remain in effect for a period of two (2) years from the date the Confidential
<br />Information was disclosed under this Agreement. With respertct to security system plans, which include
<br />records, information, photographs, audio and visual presentations, schematic diagrams, surveys,
<br />recommendations, or consultations or portions thereof relating directly to the physical security of the facility
<br />or revealing security systems; threat assessments conducted by District or any private entity; threat response
<br />plans; emergency evacuation plans; sheltering arrangements; or manuals for security personnel, emergency
<br />equipment, or security training, and building plans, blueprints, schematic drawings, and diagrams, including
<br />draft, preliminary, and final formats, which depict the internal layout and structural elements of a building,
<br />arena, stadium, water treatment facility, or other structure owned or operated by District the obligations
<br />contained herein shall remain permantly in effect.
<br />13. Entire Agreement. This Agreement constitutes the full and entire agreement between the
<br />Parties regarding the confidentiality of Confidential Information. The Parties agree that the Recitals are true
<br />and correct and form a vital part of this Agreement. The descriptive headings of this Agreement are inserted
<br />for convenience only and do not constitute a substantive part of this Agreement.
<br />14. Counterparts. This Agreement may be signed in counterparts and may be delivered by
<br />facsimile or electronic means, each of which may be deemed an original, and all of which together constitute
<br />one and the same agreement.
<br />15. Authorization and Binding Obligations. Each Party represents to the other Party that the
<br />execution, delivery and performance of this Agreement have been duly authorized, and this Agreement has
<br />been duly executed and delivered by the signatory so authorized, and the obligations contained herein
<br />constitute the valid and binding obligations of such Party, subject to approval of a Party's goveming body, as
<br />may be required.
<br />16. Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES
<br />HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT EITHER
<br />OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR
<br />ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. THIS PROVISION IS A
<br />MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS AGREEMENT.
<br />17. Publicity. Unless otherwise required by law, no Party shall make any public disclosures
<br />regarding another Party, or the subject matter hereof, including, without limitation, any advertisements,
<br />publications or documents, without the prior written approval of such other Party.
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