FULL AGENDA PACKET 2021-07-06 - Laserfiche WebLink

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Exhibit 4 22. Third Parryy lienericiaries: Itis expressly agreed and by this sl,atcnlcnt spcoilically inlcnllctl by tic Parties that nothing within this Ag-cemeut shall be consuuccl as indicating Lilly intent by either party to benefit any other entity or person not a party signatory to this Agreement by any provision or to entitle sn_V such third party to any right of action on account hereof- 23. Notice%: Any noticc5 or cormutll ications given under tins AgrCellCnt r1ltlst be riladC in wrltlnt, (a) if to Foundation, al the address of Foundation as hereinabove set lorth or al such other address as Foundation may designate by notice, or (h) if to Grantee, at the address of Grantee as hereinabove set girth or at such other address as QI'allree may designate by notice 24. Entire Agreemenl; Modilicalions: This Agreement contains the entire agreement between FOLludahon and Grantee and cannot be changed, modified, amended, waived or canceled except by an agreement in writing and executed by each of the parties hereto. 25. Confidentiality: I I either Party receives krone the other Party inlonnation which slue to the nature ill such information is reasonably undeltitood to be confidential and/or propticL<uy, Each Parry agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree ol'care it uses to protect its own infi rtuaLinn Of like irnportance, but in no event less than lcasilnahlc can. "Confidential Iniorinatiori' shall include all nonpublic inforinalion. Confidential information includes not only written information, but also intormation transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any suhsidialy andlilr agent of the other party is a VOICil by thi; Agrecmenr- The foregoing of ligationq of lltlrl-IISC :111L1 111n IL11ScloMLI-C S11a11 hilt :apply to ally lillor n:111011 that. (1) ha, been di9clo1 cd In Publicly available sources; (b) is, through no fauh of Either Parr, disclosed in a publicly available soured; (C) is ill rightful possession of the Party without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Party without reference to intonnation disclosed by the Other Party. 26. Non -Discrimination: Foundation shall not diserunilime because, of race, color, creed, religion, sex, marital status', sexual orientation. gelider identity, gender expreSmoli, -ender, medical conditions, genetic information, on military and veteran status, age, national origin, ancestry, or disability, as defined and prrlhihited by applicahlc law, in the recruiunent, scleclion, Leachinz?, trainillp, utiliraLion, prnrnntinn, tcmnination or other employment related activities or any se -vices provided undo- this Agreement. FOLmdatiOn affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 27. Collnleryarl% and Facsimile SiLtlatares: lhls Agrccrucnt lilay be d_YCClltcd in one or More coontcrparls each of which shall be deemed an original but all of which together shall Constiuue one and the same instlunhcnt- This Agreement may be executed by facsimile signature by any party and such signature will be deemed binding tot all plupo;e; hereof without delivery Of an original ;igrlanlre being thereafter rcquircdl. City Council 10 — 16 7/6l2021