Orange County NC Website
13 <br />consequence of the defense. Nothing in this section requires <br />OCHD, its officials ar employees, to subject itself and themselves <br />to criminal liability and each may independently act in good faith <br />to protect itself and themselves from criminal liability. OCHD is <br />not responsible, in money damages, for the access, use, or copying <br />of the CONFIDENTIAL INFORMATION that is not authorized <br />by OCHD. OCHD agrees, in good faith, to take all reasonable <br />steps to prevent the unauthorized use or transfer of the <br />CONFIDENTIAL INFORMATION. <br />4. INFORMATION DISCLOSED TO STADERMANN. Any and all <br />information delivered or disclosed to STADERMANN as a result of or <br />related to this Agreement shall be received and treated by <br />STADERMANN on anon-confidential basis, any restrictive or proprietary <br />legend of "TBI" or others to the contrary notwithstanding. <br />Notwithstanding the non-confidential basis upon which information may <br />be delivered or disclosed to STADERMANN, and with the express <br />acknowledgement by STADERMANN of the non-confidential nature of <br />the information delivered or disclosed to STADERMANN, <br />STADERMANN covenants and agrees that it will use the information <br />provided to it by OCHD solely for the purpose of performing its duties <br />under the related Billing and/or Notice Services Agreement and will under <br />no circumstances sell, give or otherwise make available to any third party, <br />for any purpose whatsoever unrelated to its performance under the related <br />Billing and/or Notice Services Agreement, the information provided to it <br />by OCHD. STADERMANN and OCHD agree that the obligation of <br />STADERMANN herein is one which is specifically enforceable by <br />OCHD and STADERMANN agrees that if it becomes necessary for <br />Orange County to bring an action to specifically enforce this agreement <br />that STADERMANN will pay OCHD the cost of the action and its <br />reasonable attorneys' fees in pursuing the action. In the event <br />STADERMANN is presented with a claim under the Public Records Laws <br />of the State of North Carolina for the information provided to it by OCHD, <br />the provisions in the preceding paragraph relating to claims under the <br />Public Records Laws of the State of North Carolina pertain and those <br />provisions shall read as though STADERMANN is OCHD, and OCHD is <br />STADERMANN. <br />5. VIVAL OF OBLIGATIO S. The restrictions and obligations of <br />paragraphs 3 and 4 of this Agreement shall survive any expiration, <br />termination, or cancellation of this Agreement and shall continue to bind <br />OCHD and STADERMANN, their successors and assigns. <br />6. NEGATION_ OF LICENSES. Except as expressly set forth herein, no <br />rights or licenses, expressed or implied, are hereby granted to OCHD or <br />STADERMANN as a result of or related to this Agreement. <br />