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amended, for the enforcement and administration of the Ordinance for the mutual consideration
<br />stated herein:
<br />AGREEMENT
<br />1.0 DEFINITIONS. In this Agreement, the words and phrases below shall have the
<br />following meanings:
<br />1.1 "Busguard System," means, collectively, all of the Equipment, applications, back -
<br />office processes, and cameras, sensors, components, products, software and other
<br />tangible and intangible property relating thereto owned by FxS.
<br />1.2 "Confidential or Private Information" means, with respect to Texserve, any
<br />person and/or FxS systems, technology and software, any information, matter or
<br />thing of a secret, confidential or private nature, is acknowledged, agreed to and
<br />identified. as "Confidential ", which is connected with such person's business or
<br />methods of operation or concerning any of such person's suppliers, licensors,
<br />licensees, the City or others with whom such person has a business relationship,
<br />and which has current or potential. value to such person or the unauthorized
<br />disclosure of which could be detrimental to such person including, but not limited
<br />to:
<br />1.2.1 Matters of a business nature including, but not limited to:
<br />information relating to development plans, costs, finances, marketing
<br />plans, data, procedures, business opportunities, marketing methods, plans
<br />and strategies, the costs of construction, installation, materials or
<br />components, the prices such person, Texserve and/or FxS obtains or has
<br />obtained from its clients or City, or at which such person, Texserve and/or
<br />FxS sells or has sold its services; and
<br />1.2.2 Matters of a technical nature including, but not limited to:
<br />product information, trade secrets, know -how, formulae, innovations,
<br />inventions, devices, discoveries, techniques, formats, processes, methods,
<br />specifications, designs, patterns, schematics, data, access or security
<br />codes, compilations of information, test results and research and
<br />development projects. For purposes of this Agreement, the term "trade
<br />secrets" shall mean the broadest and most inclusive interpretation of trade
<br />secrets.
<br />1.2.3 Notwithstanding the foregoing, Confidential Information will not include
<br />information that (a) was generally available to the public or otherwise part
<br />of the public domain at the time of its disclosure, (b) became generally
<br />available to the public or otherwise part of the public domain after its
<br />disclosure and other than through any act or omission by any party hereto
<br />in breach of this Agreement, (c) was subsequently lawfully disclosed to
<br />the disclosing party by a person other than a party hereto, (d) was required
<br />by a court of competent jurisdiction to be described, or (e) was required by
<br />N,
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