01-10-2005 Council Packet - Laserfiche WebLink

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4.4 5.1 use, copying, or disclosure of any EPDB by any current or former Entity personnel — or anyone else who may have come in possession of said EPDB while the same was in the £ntity s possession - Ln any manner that is contrary to the provisions of this Agreement so long as the County shall have provided the Entity wnth information reasonably justifying the conclusion of the County that such contrary use may have occurred. Survival of Coufidcnti.ility Obligations. The Entity’s obligations rcspcct'mg confidentiality of the EPDB shall survive termination of this Agreement for any reason and shall remain in effect for as long as the Entity continues to possess or control any EPDB furnished by the Count>-. In addition, the County shall remain entitled to enforce its copyright and propriety interests in all EPDB. Section 5 TERM, TER.\nNATlON l"hc Entity and the COUNTY agree that this Agreement is in effect during the period commencing January 1,1999 and terminating December 31, 1999. This Agreement shall commence from the date hereof, unless sooner terminated by either party with cause upon three (3) calendar days’ written notice to the other. The expiration or termination of this Agreement shall automatically and wiiliout furtltcr action by the Covunty terminate and c.xtinguish the license. In the event of any such expuation or termination, the County shall have the right to take immediate possession of said EPDB, and all copies thereof wlicrcNcr located, and without demand or notice. Within five (5 j days after expiration cr tennination of this Agreement, the Entity shall return the EPDB a.nd all copies t'nereof to the County, or upon request by the County, the Entity shall desuoy all of the same a.nd all copies thereof and certify in wiidng to the County that Uie same has been destroyed. 5.1.1 5.1.2 It is agreed that any right or remedy provided for hcrc’in shall not be considered as the exclusive right cr remedy but sbnJl be considered to be in addition to any otiier li tht or remedy hereunder or allowed by law, equity or statute. Ihe County ’s failure to insist upon strict performance of any covenant, agreement or stipulation of die Agreement, cr to exercise any rig’nt herein contained shall not be a waiver or relinquishment of such cover.a.nt, agreement, sfipul-tticn or right, unless the County stipulates thereto in writing. Any such written consent shall not co.nstitute a waiver or relinquishment of such covenaiit, agreement, stipulation or right. L