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(iii) Upon termination or expiration of this Agreement, unless this Agreement is terminated as
<br />a result of Customer's material breach, upon written request, Agency360 shall make available to
<br />Customer a copy of the Customer Data within thirty (30) days of termination. Customer and Users agree
<br />and acknowledge that after thirty (30) days following a termination or expiration of this Agreement,
<br />Agency360 has no obligation to retain the Customer Data or any Content related to Customer or Users
<br />and may delete or destroy such Customer Data or Content in its sole and absolute discretion.
<br />(iv) Upon termination of this Agreement caused by Customer's or Users' material breach of
<br />this Agreement, Customer and Users acknowledge and agree that Agency360 may immediately deactivate
<br />or delete Customer's or Users' account and all related information and files in that account and/or bar any
<br />further access to such files, Customer Data or this Site.
<br />(v) Customer further agrees that Agency360 shall not be liable to Customer nor to any third
<br />party for deletion or destruction of Customer Data, unless otherwise stated in this Agreement, and
<br />provided that Agency360 is in compliance with the terms of this Section.
<br />9. Implementation. Implementation and training services ordered by Customer as set forth in the
<br />applicable Order Form shall be performed in accordance with Agency360's customary practices for the level of
<br />services purchased. Agency360 does not provide dedicated project management for Customer during
<br />implementation unless separately purchased. Implementation is performed remotely unless otherwise specified.
<br />Agency360 is not responsible, and shall not be liable, for Customer's configuration decisions or the Services'
<br />ability to allow Customer to comply with all laws and regulations in Customer's unique circumstances, nor for
<br />any delays in implementation caused by Customer, including but not limited to, Customer delays in providing
<br />clean and validated data, if needed, or Customer delays in making necessary business decisions with respect to the
<br />configuration of the Services.
<br />10, Third Party Websites, Products, and Services. Agency360 or third party providers may offer Third
<br />Party Applications and related services to Customer or Users hereunder. Customer and Users acknowledge and
<br />understand that the use of such Third Party Applications or services shall be subject to separate terms and
<br />conditions as set forth on an Order Form or as otherwise provided to Customer. Except as expressly set forth in
<br />this Agreement, Agency360 does not warrant any such Third Party Applications or services. If Customer installs
<br />or enables Third Party Applications or services for use with the Software, Services, or Site, Customer agrees that
<br />Agency360 may allow such third party providers to access Customer Data, but only to the limited extent required
<br />for the interoperation of such Third Party Applications with the Services, and any exchange of data or other
<br />interaction between Customer and a third party provider is solely between Customer and such third party provider.
<br />Finally, the continuing availability of the Third Party Application is subject to the continued effectiveness and
<br />terms of the contract between Agency360 and the third party provider.
<br />11. Indemnification.
<br />(a) Agency360's Indemnity. Agency360 shall, at its own expense, defend, hold harmless, and
<br />indemnify Customer, its officers, officials, employees, and agents (collectively, "Customer") from and against any
<br />and all allegations, threats, claims, suits, and proceedings brought by third parties ("Claim" or "Claims") alleging
<br />that the Software, Services, or Site, as used in accordance with this Agreement, infringes the Intellectual Property
<br />Rights of such third party and shall hold Customer harmless from and against liability, damages, and costs finally
<br />awarded or entered into in settlement (including, without limitation, reasonable attorneys' fees) (collectively,
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