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DocuSign Envelope ID:76CF67A5-DD8E-4775-9AF0-37013D3CD9D1 <br /> used. The Parties expressly agree that the Software and Services, and terms and pricing of this <br /> Agreement are Confidential Information. Customer further agrees that it shall not use the Software <br /> and Services for the purposes of conducting comparative analysis,evaluations or product benchmarks <br /> with respect to the Software and Services and will not publicly post any analysis or reviews of the <br /> Software and Services without Spatialest's prior written approval. A receiving Party shall promptly <br /> notify the disclosing Party upon becoming aware of a breach or threatened breach hereunder and <br /> shall cooperate with any reasonable request of the disclosing Party in enforcing its rights. <br /> 4.2 Exclusions <br /> Information will not be deemed Confidential Information hereunder if such information: (i) is known <br /> prior to receipt from the disclosing Party,without any obligation of confidentiality;(ii) becomes known <br /> to the receiving Party directly or indirectly from a source other than one having an obligation of <br /> confidentiality to the disclosing Party; (iii) becomes publicly known or otherwise publicly available, <br /> except through a breach of this Agreement; or(iv) is independently developed by the receiving Party <br /> without use of the disclosing Party's Confidential Information. The receiving Party may disclose <br /> Confidential Information pursuant to the requirements of applicable law, legal process or government <br /> regulation, provided that it gives the disclosing Party reasonable prior written notice to permit the <br /> disclosing Party to contest such disclosure, and such disclosure is otherwise limited to the required <br /> disclosure. The parties understand and agree that the customer is a governmental entity subject to <br /> open records and sunshine laws. To the extent required by law, the customer may be required to <br /> disclose records and other confidential informational related to this agreement.The parties agree that <br /> the customer will not in breach of this agreement if the customer is required to disclose such records <br /> of confidential information pursuant to applicable law.To the extent permitted by applicable law,the <br /> customer shall notify Spatialest in advance of any such disclosure and permit Spatialest to redact any <br /> confidential information that may be exempt to such disclosure. <br /> 4.3 Injunctive Relief <br /> Notwithstanding any other provision of this Agreement, both Parties acknowledge that any use of the <br /> disclosing Party's Confidential Information in a manner inconsistent with the provisions of this <br /> Agreement may cause the disclosing Party irreparable and immediate damage for which remedies <br /> other than injunctive relief may be inadequate. Therefore, both Parties agree that, in addition to any <br /> other remedy to which the disclosing Party may be entitled hereunder, at law or equity,the disclosing <br /> Party shall be entitled to an injunction or injunctions (without the posting of any bond and without <br /> proof of actual damages) to restrain such use in addition to other appropriate remedies available <br /> under applicable law. <br /> Spatialest Master Software and Services Agreement 7 <br />