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TIBURON (FORMERLY COMPUDYNE - PUBLIC SAFETY - SOFTWARE LICENSE) 2006
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TIBURON (FORMERLY COMPUDYNE - PUBLIC SAFETY - SOFTWARE LICENSE) 2006
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Last modified
6/9/2014 12:54:09 PM
Creation date
4/13/2006 10:17:17 AM
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Contracts
Company Name
Compudyne Public Safety & Justice, Inc.
Contract #
A-2005-251
Agency
Fire
Council Approval Date
10/17/2005
Insurance Exp Date
4/1/2006
Notes
Amends A-2000-162
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(a) <br />such disclosure is in response to a valid order of a court or other governmental body <br />of the United States or any political subdivision thereof; provided, however, that the <br />recipient of such confidential information shall first have given notice to the other <br />party and shall have made a reasonable effort to obtain a protective order requiring <br />that the information to be disclosed be used only for the purposes for which the order <br />was issued; <br />(b) <br />such disclosure is necessary to establish rights or enforce obligations under this <br />Agreement, but only to the extent that any such disclosure is necessary; or <br />(c) <br />the recipient of such confidential information received the prior written consent to such <br />disclosure from the disclosing party, but only to the extent permitted in such consent. <br />7.5. <br />The obligations hereunder with respect to each item of Client Confidential <br />Information and CompuDyne Confidential Information shall survive the termination of <br />this Agreement. <br />8. Insurance <br />CompuDyne shall procure at its own expense and maintain at all times while CompuDyne is performing <br />services under this Agreement at the Client's facilities, (a) a comprehensive general liability insurance policy <br />including coverage for contractual liability for obligations assumed under this Agreement, blanket contractual <br />liability, products and completed operations and owner's and contractor's protective insurance; and (b) <br />comprehensive automobile liability insurance policy including owned and non -owned automobiles. Liability <br />coverage shall be equal to or greater than the limits for claims made under the California Tort Claims Act with <br />minimum coverage of $1,000,000 per occurrence (combined single limit for bodily injury and property <br />damage claims) or $1,000,000 per occurrence for bodily injury and $100,000 per occurrence for property <br />damage. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be <br />acceptable. Upon the Client's written request, CompuDyne shall provide the Client with a certificate of <br />insurance evidencing CompuDyne's compliance with the requirements of this section. Any such certificate <br />shall provide that coverage under the policy cannot be canceled and restrictive modifications cannot be made <br />until at least thirty (30) days prior written notice has been given to the Client. <br />9. Limitation of Liability <br />CompuDyne's liability to the Client for any claim, whether in tort, contract or otherwise, shall be limited to the <br />annual maintenance fees paid hereunder for the period in which the cause of action occurred. IN NO EVENT <br />SHALL CompuDyne BE LIABLE TO ANY PARTY FOR LOSS OR DAMAGES DUE TO ERRORS IN ANY OF <br />THE COVERED APPLICATIONS, OPERATOR ERROR, OR DATA CORRUPTION OR INACCURACIES. IN <br />NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF <br />PROFIT OR BUSINESS, OR FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR <br />CONSEQUENTIAL DAMAGES, WHETHER ARISING IN AN ACTION OF CONTRACT, TORT OR OTHER <br />LEGAL THEORY AND REGARDLESS OF WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN <br />OF THE POSSIBILITY OF SUCH DAMAGES. THE LAWS IN SOME STATES DO NOT ALLOW THE <br />EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THE ABOVE <br />LIMITATION OR EXCLUSION SHALL BE CONSTRUED SO AS TO GIVE IT THE MAXIMUM PRACTICAL <br />EFFECT WITHOUT VIOLATING SUCH LAWS. <br />10. Informal Dispute Resolution <br />10.1. The parties to this Agreement shall exercise their best efforts to negotiate and settle <br />promptly any dispute that may arise with respect to this Agreement in accordance with the provisions set forth <br />in this Section 10.1. <br />Page 9 of 15 <br />Updated 111505 Master Support Agreement <br />02005 CompuDyne — Public Safety & Justice, Inc. All rights reserved. <br />
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