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<br />" .. <br /> <br />perform this Agreement. <br /> <br />III. UNDERTAKINGS BY LEGAL AID <br /> <br />I. Maintain Software and Internet site; Communicate Changes to EITC Participant. <br />For the term of this Agreement, Legal Aid agrees to: <br /> <br />a) Use its best efforts to maintain the EIC Module and its approval by the IRS, and <br />to modify the EIC Module to reflect any software upgrades as Legal Aid may <br />develop from time to time; and <br /> <br />b) Maintain a working internet site through which user-taxpayers may access the <br />EIC Module (which site will contain certain features described in Exhibit A, the <br />terms of which are incorporated herein by reference). <br /> <br />2. Maintain Taxpayer Confidentiality. At no cost to ElTC Program Participant, <br />Legal Aid will maintain records and taxpayer confidentiality, as required for Authorized <br />IRS e-file Providers and set forth in Revenue Procedure 2000-31 and the IRS publications <br />and notices governing the IRS e-file Program. <br /> <br />3. Provide I-CAN!TM EIC Training to EITC Program Participant. At no cost to <br />EITC Program Participant, Legal Aid will provide training to EITC Program Participant's <br />staff and to Volunteers, either in person or over the internet. For purposes of this <br />Agreement, Volunteers are only those volunteers who have taken the same training as <br />ElIC Program Participant's staff and who agree to be bound by this Agreement to the <br />same extent that staff are bound. <br /> <br />4. Provide Certain Radio and/or Television Outreach / Advertising Materials. At no <br />cost to EITC Program Participant, Legal Aid will provide certain radio and/or television <br />outreach (advertising) for use by EITC Program Participant and a copy of the Disclaimer <br />attached hereto as Exhibit C in English and Spanish for posting by EITC Program <br />Participant. <br /> <br />5. Limit Liability of EITC Program Participant Relative to EIC Module. Legal Aid <br />agrees that EITC Program Participant shall not be held responsible in any way for any <br />infringement by the EIC Module of any copyright owned by a third party. Upon being <br />notified of such a claim, Legal Aid shall (by counsel of its choosing) defend EITC <br />Program Participant in the event of any litigation and shall either (i) obtain through <br />negotiation the right ofEITC Program Participant to continue using the EIC Module, or <br />(ii) rework the EIC Module so as to make it non-infringing while preserving the original <br />functionality, or (iii) replace the EIC Module with functionally equivalent software. <br /> <br />Legal Aid will further indemnify EITC Program Participant for the amount of any <br />judgment rendered against EITC Program Participant as a result of such copyright <br />infringement. EITC Program Participant agrees to cooperate in all respects with Legal <br />Aid in the defense and/or settlement of the infringement claim and to give Legal Aid all <br />information known to EITC Program Participant relating to the infringement claim. This <br /> <br />2005-6 I_CAN!Hl EIC Program Agreement <br /> <br />2 <br />