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TASER <br />P R O T E C T L I F E <br />of such taxes and TASER may retrieve a resale certificate for use on this Project from the <br />State of Texas Comptroller's website. . <br />14.4 Fundina Out. TASER understands that funds for the payment for work performed by <br />TASER under this Agreement have been provided through the City's budget approved by City <br />Council for the current fiscal year only. State statutes prohibit the obligation and expenditure <br />of public funds beyond the fiscal year for which a budget has been approved. The City cannot <br />guarantee the availability of funds, and enters into this Agreement only to the extent such <br />funds are made available. TASER acknowledges and agrees that it will have no recourse <br />against the City for its failure to appropriate funds for the purposes of this Agreement in any <br />fiscal year other than the year in which this Agreement was executed. The fiscal year for the <br />City extends from October 1st of each calendar year to September 30th of the following <br />calendar year. <br />15 General. <br />15.1 Confidentiality. Both Parties will take all reasonable measures to avoid disclosure, <br />dissemination or unauthorized use of either Party's Confidential Information. Except as <br />required by applicable law, neither Party will disclose either Party's Confidential Information <br />during the Term or at any time during the 5 -year period following the end of the Term. All <br />TASER Pricing is considered confidential and competition sensitive. The City of San Marcos is <br />governed by the Texas Public Information Act (the "Act "), Chapter 552 of the Texas <br />Government Code. This Agreement and all written information generated under this <br />Agreement may be subject to release under the Act. TASER will not make any reports, <br />information, data, etc. generated under the Agreement available to any individual or <br />organization without the written approval of the City. <br />15.2 Force Majeure. Neither Party will be liable for any delay or failure to perform any <br />obligation under this Agreement where the delay or failure results from any cause beyond the <br />Parties' reasonable control, including acts of God, labor disputes or other industrial <br />disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, <br />storms or other elements of nature, blockages, embargoes, riots, acts or orders of <br />government, acts of terrorism, or war. <br />15.3 Proprietary Information. The Agency agrees that TASER has and claims various <br />proprietary rights in the hardware, firmware, software, and the integration of ancillary <br />materials, knowledge, and designs that constitute TASER products and services, and that the <br />Agency will not directly or indirectly cause any proprietary rights to be violated. <br />15.4 Independent Contractors. It is expressly agreed that the Parties are independent <br />contractors. Neither Party, nor any of their respective affiliates, has the authority to bind the <br />other. This Agreement does not create a partnership, franchise, joint venture, agency, <br />fiduciary, or employment relationship between the Parties. TASER will not pledge or attempt <br />to pledge the credit of the City. <br />15.5 No Third Party Beneficiaries. All Products provided pursuant to this Agreement are <br />for the exclusive use and benefit of the City. This Agreement does not create any third party <br />beneficiary rights in any individual or entity that is not a party to this Agreement. <br />15.6 Non - discrimination and Equal Opportunity. During the performance of this <br />Agreement, neither the Parties nor the Party's employees will discriminate against any person, <br />Title: Evidence.com Master Service Agreement with Exhibits Page 9 of 27 <br />Department: Legal <br />Version: 11.0 <br />Release Date: 7/31/2015 <br />