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28 Confidential Information
<br /> Herein "Confidential Information" means data that is, or is somehow, related to financial,
<br /> accounting, statistical, personal, goal-related, need-related, strategic-plan-related, account,
<br /> insurance-related, other proprietary-related, and/or personnel data of any entity/individual
<br /> with which LCPtracker ever has had any dealings,and any entity/individual related to such,
<br /> inclusive without limitation of any employee of such, and of any entity/individual with
<br /> which such has ever had a business/contracting relationship
<br /> City promises that it will never disseminate, distribute, share, copy, send, or in any other
<br /> manner of communicate, and that it will never allow anyone else to disseminate,distribute,
<br /> share, copy, send, of in any other manner of communicate Confidential Information to
<br /> anyone other than someone who absolutely must have such Confidential Information in
<br /> order for the services defined herein to operate
<br /> 29 City assumes all risks associated with City and/or anyone who has accessed Confidential
<br /> Information through, because, or by way of City, disseminating, distributing, sharing,
<br /> copying, sending, or in any other manner communicating any Confidential Information to
<br /> anyone othei than as such is absolutely necessary in oder for the service defined in this
<br /> agreement to operate
<br /> ARTICLE 3 —SERVICES
<br /> 3 1 The Services that Consultant shall provide are delineated in Exhibit"A,"entitled"Services
<br /> and Rate Schedule,"which is incorporated into this Agreement
<br /> 32 Consultant shall perform and complete the Services in a prompt and diligent manner
<br /> ARTICLE 4—RESPONSIBILITIES OF THE CITY
<br /> 41 City shall make available to Consultant information in its possession that may assist
<br /> Consultant in performing the Services
<br /> 42 City designates Chits Diggs, City's Municipal Utilities and Engineering Department
<br /> Directoi, as City's representative with respect to performance of the Services, and such
<br /> person shall have the authority to transmit instructions, receive information, interpret and
<br /> define City's policies and decisions with respect to performance of the Services
<br /> ARTICLE 5—PAYMENTS TO CONSULTANT
<br /> 5 1 City shall pay Consultant a not to exceed sum of thirty nine thousand dollars ($39,000) as
<br /> compensation for the license mentioned herein and the associated Services City shall pay
<br /> Consultant in accordance with Exhibit"A "
<br /> 52 Any notice of other communication required, or which may be given, pursuant to this
<br /> Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date
<br /> of delivery in person,(ii) five(5)days after deposit in first class registered mail,with return
<br /> receipt requested, (iii) on the actual delivery date if deposited with an overnight courier; of
<br /> (iv)on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first
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