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GDOIR GIS Data Resources, Inc United States Government, then Licensee hereby agrees to protect the SAFD Address Points Geofile which may have been delivered to Licensee as a Product (hereinafter the "Geofile Products") from public disclosure and to consider the Geofile Products exempt from any statute, law, regulation, or code, including any Sunshine Act, Public Records Act, Freedom of Information Act, or equivalent, which permits public access and/or reproduction or use of the Geofile Products. In the event that such exemption is challenged under any such laws, this Agreement shall be considered breached and any and all right to retain any copies or to use of the Geofile Products shall be terminated and considered immediately null and void. Any copies of the Geofile Products held by Licensee shall immediately be returned to GDR. (g) Compliance. Licensee may receive certain data which may include the names and telephone numbers of persons who appear on one or more do -not -contact lists maintained by the Federal Government, one or more States, or other governmental entities. GDR has agreed to supply said data under the terms of this Agreement and the related ProposalNVork Authorization, purchase order, invoice and any other documents relating to the purchase ("Purchase Documents"). Licensee hereby agrees and warrants that all data which Licensee receives from GDR, or any related subsidiary corporation, will be used only in strict compliance with all applicable federal, state and local laws, rules, regulations and ordinances, including but not limited to those concerning privacy, telephone solicitation, and direct marketing. Licensee acknowledges that it is Licensee's sole responsibility to determine the applicability of any such laws, rules, regulations and ordinances and the identity of any registered or listed persons. (h) Ownership of Product. GDR is the owner of or has the full right and authority to license the Product. All copies of the Product will remain the property of GDR under the terms of this Agreement and Licensee acknowledges such property rights of GDR in the Product. Licensee further acknowledges that the provisions of this Agreement are intended to inure to the benefit of GDR and its third party licensors. Third party licensors may protect their rights in the Product as if a party hereto. (i) Termination. GDR may terminate the license granted in this End User License Section immediately upon notice for Licensee's breach hereunder. Upon termination for breach, Licensee will: (a) cease all use of the Product, any portion thereof, or any derivative work thereof; (b) immediately return to GDR and/or destroy all copies of the Product in its possession; and (c) if requested, provide GDR with an affidavit signed by an officer attesting that the terms of this Termination clause have been met. IN WITNESS WHEREOF, the parties have caused this SERVICE AGREEMENT to be executed by their duly authorized representatives. GIS Data Resources, Inc. Customer: Signature 0%�� / Signature: Name: HongygVkelen Duan Name: David N. Ream Title: President Title: City Manager Date: January 26, 2007 Date: ATTESiT � f PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: i JOSEPH W. FLETC14 R City Attorney 8 Digital Drive, Suite 200. Novato, CA 94949 • (888) 654-4GDR (4437) • Phone (415) 884-4437 • FAX (415) 884-4407 Rev:20051006 Page 5 of 12