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<br />. . <br /> <br />. <br /> <br />. <br /> <br />g. <br /> <br />If CLIENT has source code, CLIENT shail provide TIBURON with a complete copy of the <br />production source code in a format compatible with TIBURON's support environment so that <br />TIBURON has ready access to the code for maintenance work. Complete replacement <br />copies shail be made available on a timely basis upon request by TIBURON. <br /> <br />If CLIENT has source code, CLIENT shail be responsible for storing a complete copy of the <br />production source code off site as an emergency back up. <br /> <br />h. <br /> <br />4. <br /> <br />PAYMENT <br /> <br />CLIENT shail make payments to TIBURON based on invoices submitted. Schedules and amounts of <br />invoices shail be determined in accordance with Exhibit B. <br /> <br />5. <br /> <br />INDEPENDENT CONTRACTOR <br /> <br />Each party hereto, in performance of this Agreement, will be acting in its own capacity. The employees or <br />agents of one party shail not be deemed or construed to be the employees or agents of the other party for <br />any purpose whatsoever. TIBURON will be responsible for payment of payroil taxes, unemployment <br />insurance, and similar obligations with respect to its own employees, and no deductions shail be made from <br />payments due under this Agreement for that or any other related reason. <br /> <br />6. <br /> <br />CONFLICT OF INTEREST CLAUSE <br /> <br />Tiburon covenants that it presently has no interests and shail not have interest, direct or indirect, which <br />would conflict in any manner with performance of services specified under this Agreement. <br /> <br />7. <br /> <br />DISCRIMINATION <br /> <br />Tiburon shail not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, <br />age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, <br />selection, training, utilization, promotion, termination or other employment related activities. Consultant <br />affirms that It is an equal opportunity employer related activities. Consultant affirms that it is an equal <br />opportunity employer and shail comply with applicable federal, sate and local laws and regulations. <br /> <br />8. <br /> <br />LICENSE <br /> <br />With respect to each change, correction, or enhancement to PROGRAM furnished to CLIENT under this <br />Agreement, TIBURON grants to CLIENT a perpetual, non-exclusive, non-assignable, non-transferable <br />license to use such change, correction, or enhancement solely as part of the PROGRAM. <br /> <br />9. <br /> <br />CLIENT MODIFICATIONS <br /> <br />If CLIENT has source code on-site, CLIENT shail not make any changes or modifications to TIBURON <br />application software or to application software operating environment without TIBURON's prior written <br />authorization. Any such changes without TIBURON's prior written authorization shail be deemed <br />unauthorized and in violation of the terms and conditions of this Agreement. <br /> <br />At no additional cost to CLIENT, TIBURON shail provide updates to the TIBURON External Interface <br />Software and/or documentation, including ail existing screen formats currently supported by TIBURON, for <br />ail legal requirements or modifications mandated by NCIC, or the CLIENT's respective State, when such <br />requirements or modifications require a programming/source code change to the Licensed Software. <br />Changes mandated or offered by CLIENT's respective City and/or County are not covered. Changes to <br />State and/or NCIC protocols are considered outside the scope of this Agreement. <br /> <br />V2 Ext Svc Ex A&8-Santa Ana ~ 8-28-00 <br /> <br />Page 3 of 6 <br />