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Agreement No. D47-131 <br />1. OCFA agrees to keep the Landbase confidential and to protect the <br />confidentiality thereof, in the same manner in which it protects the confidentiality <br />of similar information and data of its own (at all times exercising a reasonable <br />- degree of care in the protection of confidential information). <br />2. Upon #hirty (30) days written notice to OCFA, County shall have the <br />right to audit OCFA's procedures in order to determine whether such procedures <br />comply with the requirements set forth in this Agreement. <br />C. Injunctive Relief <br />'! . OCFA acknowledges that the unauthorized use; transfer, <br />assignment, sublicensing, or disclosure of the Landbase or copies thereof will: <br />(a) substantially diminish the value to County of copyrights, and <br />other proprietary interests that are the subject of this Agreement; <br />(b) render County's remedy at law for such unauthorized use, <br />disclosure, or transfer inadequate; <br />(c) cause irreparable injury in a short period of time. <br />2. If OCFA materially breaches any of its obligations with respect to <br />the confidentiality of the Landbase, County shall be entitled to equitable relief to <br />protect its interests therein, including, but not limited to, preliminary and <br />permanent injunctive relief as we11 as damages for any additional licensing fees <br />or any monetary damages caused by the actions of OCFA by any breach of the <br />agreement. <br />D. Survival <br />OCFA's obligations under this Section shall survive the termination of this <br />Agreement or of any license granted under this Agreement for whatever reason. <br />Section 7. WAIVER <br />A waiver of or failure to enforce any right under this Agreement by either party <br />shall not be deemed as a subsequent waiver of the same right or any other right. <br />Section 8. NOTICES <br />All written notices to be given under this Agreement shall be sent either by (a) <br />first class United States mail, or (b) overnight commercial courier, addressed to the <br />recipient party as show below: <br />To County: <br />County of Orange <br />Attn: Raymond Mathe, County Surveyor <br />300 N. Flower Street <br />Post Office Box 4048 <br />Page 5 of 7 <br />