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TIBURON, INC. 3 - 2009
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TIBURON, INC. 3 - 2009
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Last modified
1/3/2012 1:59:58 PM
Creation date
1/21/2010 8:44:52 AM
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Contracts
Company Name
TIBURON, INC.
Contract #
N-2009-146
Agency
Fire
Expiration Date
3/1/2010
Destruction Year
2016
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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) 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) 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. The obligations hereunder with respect to each item of Client Confidential <br />Information and Tiburon Confidential Information shall survive the termination of <br />this Agreement. <br />8. Insurance <br />Tiburon shall procure at its own expense and maintain at all times while Tiburon is performing services under <br />this Agreement at the Client's facilities, (a) a comprehensive general liability insurance policy including <br />coverage for contractual liability for obligations assumed under this Agreement, blanket contractual liability <br />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, Tiburon shall provide the Client with a certificate of insurance <br />evidencing Tiburon's compliance with the requirements of this section. Any such certificate shall provide that <br />coverage under the policy cannot be canceled and restrictive modifications cannot be made until at least thirty <br />(30) days prior written notice has been given to the Client. <br />Limitation of Liability <br />Tiburon's liability to the Client for any claim, whether in tort, contract or otherwise, shall be limited to the annual <br />maintenance fees paid hereunder for the period in which the cause of action occurred. IN NO EVENT SHALL <br />Tiburon BE LIABLE TO ANY PARTY FOR LOSS OR DAMAGES DUE TO ERRORS IN ANY OF THE <br />COVERED APPLICATIONS, OPERATOR ERROR, OR DATA CORRUPTION OR INACCURACIES. IN NO <br />EVENT SHALL EITHER PARTY BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF PROFIT <br />OR BUSINESS, OR FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL <br />DAMAGES, WHETHER ARISING IN AN ACTION OF CONTRACT, TORT OR OTHER LEGAL THEORY <br />AND REGARDLESS OF WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE <br />POSSIBILITY OF SUCH DAMAGES. THE LAWS IN SOME STATES DO NOT ALLOW THE EXCLUSION <br />OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THE ABOVE LIMITATION OR <br />EXCLUSION SHALL BE CONSTRUED SO AS TO GIVE IT THE MAXIMUM PRACTICAL EFFECT <br />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 />(a) If either party (the "Disputing Party") disputes any provision of this Agreement, or the <br />interpretation thereof, or any conduct by the other party under this Agreement, that <br />Page 8 of 14 <br />Santa Ana Master Support Agreement. <br />
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