Res 2014-169/Billing and Collection Services for SM Fire Department - Fire Recovery USA

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6.3 Any written, printed, graphic, or electronically or magnetically recorded information furnished by the City for the Company's use is the sole property of the City. This proprietary information includes, but is not limited to, customer requirements, customer lists, marketing information, and information concerning the City's employees, products, services, prices, operations, and subsidiaries. The Company will keep this confidential information in the strictest confidence as allowed under Texas public information law, and will not disclose it by any means to any person except with the City's approval, and only to the extent necessary to perform the services under this Agreement. This prohibition also applies to Company's employees, agents, and subcontractors. On termination of this Agreement, Company will return any confidential information in Company's possession to the City. 6.4 Any written, printed, graphic, electronically or magnetically recorded information, computer -based hardware, software, applications, software scripts, or software links furnished by Company for the City's use are the sole property of Company. This proprietary information includes, but is not limited to, customer requirements, customer lists, marketing information, and information concerning the Company's employees, products, services, prices, operations, and subsidiaries but does not include this Agreement. The City will keep this confidential information in the strictest confidence, to the extent allowed in accordance with the Texas Public Information Act. This prohibition also applies to Fire Department's employees, agents, and subcontractors. On termination of this Agreement, the City will return any confidential information in the City's possession to Company. ARTICLE 7 TERM; TERMINATION OF AGREEMENT 7.1 The term of this Agreement begins on the effective date established in the first paragraph of the Agreement and will continue for a period of five years. This Agreement may be extended for an additional five (5) year term upon approval of the City provided that all terms and conditions, except for the contract period being extended, remain in full force and effect. If this renewal option is exercised it will be executed in the form of an Authorization in Change of Services in accordance with Section 2.2 and will be issued no sooner than 120 days prior to the expiration of this Agreement, and not later than the final day of the final term. The decision to renew this option will require this Agreement to expire on the original or mutually agreed upon date. The total period of this Agreement, including all renewals as a result of exercising this option may not exceed a maximum combined period of ten years unless terminated sooner in accordance with this Article 7. 7.2 This Agreement may be terminated by either party for convenience and without cause upon at least 30 calendar days prior written to the other party. 7.3 If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non - breaching party may terminate this Agreement by giving written notification to the breaching party. Termination will take effect immediately on receipt of notice Fire Recovery USA, LLC 2014 8