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2009-336
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2009-336
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Last modified
3/18/2016 10:47:14 AM
Creation date
10/1/2015 4:04:10 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/15/2009
Control Number
2009-336
Agenda Item Number
12.J.5
Entity Name
N. Harris Computer Corporation
Advance Utility Systems
Subject
Utility Billing Systems Software
Supplemental fields
SmeadsoftID
10928
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S . 2 Confidentiality <br /> (a) Duty Owed to the Organization - - The Consultant acknowledges that it may <br /> receive information from the Organization or otherwise in connection with this <br /> Agreement or the performance of the Services . Except for information in the <br /> public domain , unless such information falls into the public domain by disclosure <br /> or other acts of the Organization or through the fault of the Organization, the <br /> Consultant agrees to the extent allowable under the Florida Public Records Laws , <br /> Florida Statutes Section 119 . 07 : <br /> ( 1 ) to maintain this information in confidence; <br /> ( ii ) not to use this information other than in the course of this Agreement ; <br /> ( iii ) not to disclose or release such information except on a need-to -know only <br /> basis ; <br /> ( iv ) not to disclose or release such information to any third person without the <br /> prior written consent of the Organization, except for authorized employees <br /> or agents of the Consultant ; and <br /> ( v ) to take all appropriate action, whether by instruction, agreement or <br /> otherwise, to ensure that third persons with access to the information <br /> under the direction or control or in any contractual privity with the <br /> Consultant, do not disclose or use, directly or indirectly, for any purpose <br /> other than for performing the Services during or after the term of this <br /> Agreement, any material or information, including the information, <br /> without first obtaining the written consent of the Organization . <br /> (b ) Duty Owed to the Consultant -- The parties agree that if the Organization shall <br /> breach any term of Section 2 . 5 of this Agreement entitled "Ownership of <br /> Software and Confidential Information", then the Consultant shall have the right <br /> to terminate this Agreement and the grant of Licenses herein forthwith without <br /> giving notice as set forth in Section 8 . 3 (b ) . <br /> 8 .3 Termination <br /> (a) If the Consultant should neglect to perform the Services properly or otherwise fail <br /> to comply with the requirements of this Agreement, the Organization must notify <br /> the Consultant in writing of such default (a "Default Notice") . Upon receipt of a <br /> Default Notice, the Consultant must either correct the default at no additional cost <br /> to the Organization , or issue a written notice of its own disputing the alleged <br /> default , in either case within fifteen ( 15 ) business days immediately following <br /> receipt of a Default Notice . The Organization recognizes and agrees that in some <br /> instances fifteen ( 15 ) business days may be insufficient to correct the default and <br /> agrees , in its reasonable discretion, that under such circumstances , Consultant <br /> shall provide a corrective action plan to the Organization within fifteen ( 15 ) <br /> business days of receipt of a Default Notice and shall have an additional thirty <br /> (30) days to affect the cure identified in such corrective action plan . If the <br /> 19 <br />
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