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written proof that all Agency Content has been successfully deleted and fully removed
<br />from the Evidence.com Services.
<br />17.5 Post - Termination Assistance. TASER will provide Agency with the same post -
<br />termination data retrieval assistance that TASER generally makes available to all
<br />customers. Requests for TASER to provide additional assistance in downloading or
<br />transferring Agency Content will result in additional fees and TASER will not warrant
<br />or guarantee data integrity or readability in the external system.
<br />18.1 Confidentiality. Both Parties will take all reasonable measures to avoid disclosure,
<br />dissemination or unauthorized use of either Party's Confidential Information. Except
<br />as required by applicable law, neither Party will disclose either Party's Confidential
<br />Information during the Term or at any time during the 5 -year period following the end
<br />of the Term. All TASER Pricing is considered confidential and competition sensitive.
<br />18.2 Excusable delays. TASER will use commercially reasonable efforts to deliver all
<br />products and services ordered as soon as reasonably practicable. In the event of
<br />interruption of any delivery due to causes beyond TASER's reasonable control TASER
<br />has the right to delay or terminate the delivery with reasonable notice.
<br />18,3 Force Majeure, Neither Party will be liable for any delay or failure to perform any
<br />obligation under this Agreement where the delay or failure results from any cause
<br />beyond the Parties' reasonable control, including acts of God, labor disputes or other
<br />Industrial disturbances, systemic electrical, telecommunications, or other utility
<br />failures, earthquake, storms or other elements of nature, blockages, embargoes, riots,
<br />acts or orders of government, acts of terrorism, or war.
<br />18,4 Proprietary Information. The Agency agrees that TASER has and claims various
<br />proprietary rights in the hardware, firmware, software, and the Integration of ancillary
<br />materials, knowledge, and designs that constitute TASER products and services, and
<br />that the Agency will not directly or indirectly cause any proprietary rights to be
<br />violated.
<br />18.5 Independent Contractors. The Parties are independent contractors. Neither Party,
<br />nor any of their respective affiliates, has the authority to bind the other. This
<br />Agreement does not create a partnership, franchise, joint venture, agency, fiduciary,
<br />or employment relationship between the Parties.
<br />18.8 No Third Party Beneficiaries, This Agreement does not create any third party
<br />beneficiary rights In any individual or entity that is not a party to this Agreement.
<br />18.7 Non - discrimination and Equal opportunity. During the performance of this
<br />Agreement, neither the Parties nor the Party's employees will discriminate against any
<br />person, whether employed by a Party or otherwise, on the basis of basis of race, color,
<br />creed, religion, gender, sexual orientation, age, national origin, ancestry, disability,
<br />marital status, or political affiliation or belief, as defined and prohibited by applicable
<br />law, In recruitment, selection, training, utilization, promotion, termination or other
<br />employment related activities. TASER affirms that it is an equal opportunity employer
<br />and shall comply with all applicable federal, state, and local laws and regulations.
<br />Title: Evidence.com Master Service Agreement with Exhibits Page 10 of 27
<br />Department: Legal
<br />Version: 1110
<br />Release Date: 7 /31/2015
<br />25F -14
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