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State of California City of Santa Ana <br />Franchise Tax Board Agreement #81093 <br />11. ONSITE SAFEGUARD REVIEW: FTB retains the right to conduct on -site safeguard reviews <br />of the City (or County) use of FTB information and security controls established. The <br />safeguard reviews may include, but are not limited to an examination of the adequacy of <br />information security controls, "need to know," and use justifications established by the City <br />(or County) to ensure compliance with the terms and conditions of this agreement. FTB will <br />provide a minimum of seven (7) days' notice of a safeguard review being conducted by FTB <br />staff. The City (or County) will take appropriate disciplinary actions against any user <br />determined to have violated security or confidentiality requirements. <br />12. LIMITED WARRANTY: Neither party represents or warrants the accuracy or content of the <br />material available through this Agreement, nor each expressly disclaims any express or <br />implied warranty, including any implied warranty of fitness for a specific purpose. <br />13. CANCELLATION: Either party may terminate this Agreement, in writing for any reason, <br />upon thirty (30) days' prior written notice. This Agreement may be terminated immediately by <br />either party in the event of any breach of the terms of this Agreement. <br />14. NO THIRD PARTY LIABILITY: Nothing contained in or related to this agreement shall <br />create any contractual relationship between either of the Parties and any other party, except <br />between FTB and the City (or County); and no other party shall relieve the City (or County) <br />or FTB of its responsibilities and obligations hereunder. Each of the parties agrees to be <br />fully responsible for the acts and omissions of its third party contractors and agents, and of <br />persons either directly or indirectly employed by the party. Neither of the parties shall have <br />any obligation to pay, or to see to the payment of, any monies to any party or persons either <br />directly or indirectly employed by the other. <br />Page 7 of 12 <br />