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City of Santa Ana <br />EXHIBIT D <br />SPECIAL TERMS AND CONDITIONS (continued) <br />Agreement # C1100202 <br />12. LIMITED WARRANTY: Either party does not warrant or represent the accuracy or content <br />of the material available through this Agreement, and expressly disclaims any express or <br />implied warranty, including any implied warranty of fitness for a specific purpose. <br />13. CANCELLATION: Either part y may terminate this Agreement, in writing for any reason, <br />upon thirty days' (30) prior written notice. This Agreement may be terminated by either <br />party in the event of any breach of the terms of this Agreement. Both parties agree that in <br />the event of a breach to the terms of this Agreement, it shall destroy all records and any <br />databases created, copies made, or files attributed to the records received. The records <br />shall be destructed in a manner to be deemed unusable or unreadable and to the extent <br />that an individual record can no longer be reasonably ascertained, upon destruction. <br />14. NO THIRD PARTY LIABILITY: Nothing contained in this Agreement or otherwise shall <br />create any contractual relation between either party and any other party, and no party shall <br />relieve the City or FTB of its responsibilities and obligations hereunder. Both parties agree <br />to be fully responsible for the acts and omissions of its third parties and of persons either <br />directly or indirectly employed by any of them as it is for the acts and omissions of persons <br />directly employed by the City or FTB. Both parties shall have no obligation to pay or to see <br />the payment of any monies to any party or persons either directly or indirectly employed by <br />the City or FTB. <br />15. EARLY TERMINATION CLAUSE: In the event that Revenue & Taxation Code 19551.1 and <br />19551.5 are not amended before the sunset date of December 31, 2013, this Agreement <br />will be terminated effective that date.