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safeguard and protect the Confidential Information from theft, piracy or unauthorized <br />access in a manner at least consistent with the protections City uses to protect its own <br />most confidential information. City shall inform its employees of their obligations under <br />this Agreement, and shall take such steps as may be reasonable in the circumstances, <br />or as may be reasonably requested by Licensor, to prevent any unauthorized disclosure, <br />copying or use of the Confidential Information. City acknowledges and agrees that in the <br />event of the City's breach of this Agreement, Licensor will suffer irreparable injuries not <br />compensated by money damages and therefore shall not have an adequate remedy at <br />law. Accordingly, Licensor shall be entitled to a preliminary and final injunction without <br />the necessity of posting any bond or undertaking in connection therewith to prevent any <br />further breach of these confidentiality obligations or further unauthorized use of <br />Confidential Information. This remedy is separate and apart from any other remedy <br />Licensor may have. <br />6.2 Unauthorized Disclosure. City shall notify Licensor immediately <br />upon discovery of any prohibited use or disclosure of the Confidential Information, or any <br />other breach of these confidentiality obligations by City, and shall fully cooperate with <br />Licensor to help Licensor regain possession of the Confidential Information and prevent <br />the further prohibited use or disclosure of the Confidential Information. <br />ARTICLE VII <br />WARRANTY <br />7.1 Operation. Licensor represents to City that: (i) during the <br />Warranty Period, the Software shall operate without any Errors; and (ii) upon notification <br />to Licensor during the Warranty Period of any Errors, Licensor will, during its normal <br />business hours and at no cost to City, use reasonable efforts to correct such Errors <br />which are reproducible and verifiable by Licensor, excluding any Errors caused by uses <br />of the Software which were not in accordance with the Specifications. <br />7.2 Remedy. City agrees and acknowledges that Errors may occur in <br />the Software. City is responsible for establishing a 48-hour backup of all data and other <br />procedures and controls reasonably appropriate to maintain City's data and the integrity <br />and continuity of City's operations. In the event that City notifies Licensor of an Error <br />during the Warranty Period, Licensor's sole liability, and City's sole remedy, will be <br />Licensor's use of reasonable efforts to correct such Errors. <br />7.3 Warranty Disclaimer. THE WARRANTY SET FORTH IN THIS <br />SECTION 7 IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY <br />LICENSOR. LICENSOR EXPRESSLY DISCLAIMS, AND CITY HEREBY EXPRESSLY <br />WAIVES, ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING <br />WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR <br />PURPOSE. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET <br />CITY'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE <br />UNINTERRUPTED OR ERROR -FREE, OR THAT ERRORS IN THE SOFTWARE WILL <br />BE CORRECTED. LICENSOR'S LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES <br />OR OBLIGATIONS OF LICENSOR FOR DAMAGES ARISING OUT OF OR IN <br />CONNECTION WITH THE INSTALLATION, USE OR PERFORMANCE OF THE <br />SOFTWARE. THE PARTIES AGREE THAT THE SOFTWARE'S FAILURE TO <br />PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS SHALL NOT BE <br />rd <br />