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<br />. . <br /> <br />10. <br /> <br />11. <br /> <br />12. <br /> <br />13. <br /> <br />14. <br /> <br />. <br /> <br />. <br /> <br />CONFIDENTIAL INFORMATION <br /> <br />TIBURON shail regard ail CLIENT files and data as CLiENT's confidential information. TIBURON shail not <br />release said data to outside parties without written consent of CLIENT. To the extent ailowed by law, <br />CLIENT shail regard ail software and documentation provided by TIBURON as confidential information. <br />CLIENT shail not release or provide access to said software and documentation to outside parties without <br />written consent of TIBURON. <br /> <br />TERMINATION <br /> <br />This Agreement may be terminated by either party by giving at least a ninety (90) day advance written notice <br />to the other party. <br /> <br />Upon termination of this Agreement for any reason, the provisions relating to Confidential Information and <br />License shail survive. <br /> <br />INSURANCE <br /> <br />TIBURON shail, at its own expense, at ail times while TIBURON is performing services at CLIENT's <br />facilities, maintain in force: <br /> <br />a. <br /> <br />A comprehensive general liability insurance policy including coverage for contractual liability <br />for obligations assumed under the contract documents, blanket contractual liability, products <br />and completed operations and owner's and contractor's protective insurance; and <br /> <br />b. <br /> <br />Comprehensive automobile liability insurance policy including owned and non-owned <br />automobiles; and ' <br /> <br />c. <br /> <br />Liability coverage shail be equal to or greater than the limits for claims made under the <br />California Tort Claims Act with minimum coverage of $500,000 per occurrence (combined <br />single limit for bodily injury and property damage claims) or $500,000 per occurrence for <br />bodily injury and $100,000 per occurrence for property damage. Liability coverage shail be <br />provided on an "occurrence" basis. "Claims made" coverage will not be acceptable. <br /> <br />Certificates of insurance acceptable to CLIENT shail, upon request, be filed with CLIENT, prior to the <br />commencement of any services at CLIENT facilities by TIBURON. Each certificate shail provide that <br />coverage under the policy cannot be canceled and restrictive modifications cannot be made until at ieast 30 <br />days prior written notice has been given to CLIENT. <br /> <br />AMENDMENTS <br /> <br />This Agreement may be amended upon mutual written agreement by CLIENT and TIBURON to include, but <br />not be limited to, additional services and support, continuation of maintenance of the equipment and <br />software, replacements, and upgrades. <br /> <br />APPLICABLE LAW <br /> <br />This Agreement shail be construed in accordance with and governed by the laws of the State of California. <br /> <br />V2 Ext Sve Ex A&B-Santa Ana - 8-28-00 <br /> <br />Page 4 of 6 <br />