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D. If the Subscription Services are impacted by any incident resulting in data loss, <br />Contractor will take commercially reasonable steps to restore the City Content <br />from the most recent existing, unaffected backup available. Contractor makes no <br />representations or warranties regarding its ability to recover any City Content lost, <br />and City acknowledges that it is responsible for conducting its own regular <br />backups of City Content through the Subscription Services. <br />E, Third party services or content might be accessible tluough the Contractor <br />Services. Contractor is not responsible for, and makes no warranty respecting, any <br />such services or content. <br />CONFIDENTIALrITY <br />If Contractor receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and /or proprietary, Contractor agrees that <br />it shall not use or disclose such information except in the performance of this Agreement, and <br />further agrees to exercise the same degree of care it uses to protect its own information of like <br />importance, but in no event less than reasonable care. "Confidential Information" shall include <br />all nonpublic information. Confidential information includes not only written information, but <br />also information transferred orally, visually, electronically, or by other means. Confidential <br />information disclosed to either party by any subsidiary and /or agent of the other party is covered <br />by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to <br />any information that (a) has been disclosed in publicly available sources; (b) is, through no fault <br />of the Contractor disclosed in a publicly available source, (c) is in rightful possession of the <br />Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of <br />law; or (e) is independently developed by the Contractor without reference to information <br />disclosed by the City. <br />8. CONFLICT OF INTEREST CLAUSE <br />Contractor covenants that, to the best of its knowledge, it presently has no interests and <br />shall not acquire any interests, direct or indirect, which would conflict in any manner with <br />performance of services specified under this Agreement. No persons having such interest shall <br />be knowingly employed by or associated with Contractor. <br />NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement shall be in writing and shall be deemed to be properly given if delivered in person or <br />mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other <br />telegraphic communication in the manner provided in this Section, to the following persons: <br />r <br />