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Section 8.05. Information Security. The City agrees to use adequate physical and <br />technical measures comparable to those of other similarly -sized cities in Texas to maintain the <br />security of all electronic and tangible records relating to this Agreement including at a minimum: <br />a working network firewall to protect data accessible via the Internet; up -to -date security <br />patches; and up -to -date anti -virus software. The City will endeavor to promptly notify Amazon <br />in the event the City experiences a security breach that could have impacted any electronic or <br />tangible records relating to this Agreement. The City acknowledges and agrees that Amazon <br />must comply with its information security policies in performing its obligations under this <br />Agreement and that to the extent Amazon is required to deliver sensitive employment related <br />information (such as social security numbers, compensation information, employee names, <br />employee addresses, job titles and hours worked) in connection with this Agreement, Amazon <br />may deliver such information in password protected and encrypted files. <br />ARTICLE IX <br />DEFAULT, TERNIINATION AND REMEDIES <br />Section 9.01. Noncompliance with Jobs Obligations; Withholding Payments. If, <br />during any year of the Term of this Agreement, Amazon is not in compliance with its obligation <br />to create and retain Jobs or to create and maintain payroll, no Chapter 380 Payment shall be due <br />for that year and Amazon shall have no recourse or claim for recovery of the amount of the <br />Chapter 380 Payment that would have otherwise been due for that year. <br />Section 9.02. Termination for Misrepresentation. Notwithstanding any provision for <br />notice of non - compliance and any opportunity to cure, the City may terminate this Agreement <br />immediately by providing written notice to Amazon if Amazon, its officers or signatories to this <br />Agreement intentionally misrepresented or misrepresent any material fact or information: (a) <br />upon which the City relied in entering into this Agreement; (b) upon which the City relies in <br />16 <br />