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TASER
<br />P R O T EC T L I F E
<br />whether employed by a Party or otherwise, on the basis of basis of race, color, religion,
<br />gender, age, national origin, handicap, marital status, or political affiliation or belief. In all
<br />solicitations or advertisements for employees, agents, subcontractors or others to be engaged
<br />by a Party or placed by or on behalf of a Party, the solicitation or advertisement shall state
<br />all qualified applicants shall receive consideration for employment without regard to race,
<br />color, religion, gender, age, national origin, handicap, marital status, or political affiliation or
<br />belief.
<br />15.7 U.S. Government Rights. Any Evidence.com Services provided to the U.S.
<br />Government as "commercial items," "commercial computer software," "commercial computer
<br />software documentation," and "technical data" will have the same rights and restrictions
<br />generally applicable to the Evidence.com Services. If the Agency is using the Evidence.com
<br />Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government's
<br />needs or are inconsistent in any respect with federal law, the Agency will immediately
<br />discontinue use of the Evidence.com Services. The terms "commercial item," "commercial
<br />computer software," "commercial computer software documentation," and "technical data"
<br />are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition
<br />Regulation Supplement.
<br />15.8 Import and Export Compliance. In connection with this Agreement, each Party will
<br />comply with all applicable import, re- import, export, and re -export control laws and
<br />regulations.
<br />15.9 Assignment. The City and TASER, respectively, bind themselves, their partners,
<br />successors, assigns and legal representatives to the other party to this Agreement and to the
<br />partners, successors, assigns and legal representatives of such other party with respect to all
<br />covenants of this Agreement. Neither Party may assign or otherwise transfer this Agreement,
<br />in whole or in part, without the prior written approval of the other Party. TASER may assign
<br />or otherwise transfer this Agreement or any of its rights or obligations under this Agreement
<br />without consent (a) for financing purposes, (b) in connection with a merger, acquisition or
<br />sale of all or substantially all of our assets, (c) as part of a corporate reorganization, or (d) to
<br />a subsidiary corporation. Any work or services subcontracted under this Agreement will be
<br />specified by separate written agreement and will be subject to each provision of this
<br />Agreement. TASER will notify the City, in writing, of any change in its partnership /ownership
<br />within 30 business days of such change.
<br />15.10 No Waivers. The failure by either Party to enforce any provision of this Agreement
<br />will not constitute a present or future waiver of the provision nor limit the Party's right to
<br />enforce the provision at a later time. The City's execution of and performance under this
<br />Agreement will not act as a waiver by the City of any immunity from suit or liability to which
<br />it is entitled under applicable law. The parties acknowledge that the City, in executing and
<br />performing this Agreement, is a governmental entity acting in a governmental capacity. In
<br />the event of a default or breach of the Agreement by the TASER, the City reserves the right
<br />to choose among the remedies for the default or breach available to the City. These remedies
<br />may be used in conjunction with one another or separately, and together with any other
<br />statutory or common law remedies available to the City. Any failure by the City to enforce
<br />this Agreement with respect to one or more defaults by the TASER will not waive the City's
<br />ability to enforce the Agreement after that time.
<br />15.11 Breach. The City will have the right to declare the TASER in breach of the Agreement
<br />for cause when the City determines that this Agreement has not been performed in
<br />accordance with its material written terms and conditions.
<br />Title: Evidence.com Master Service Agreement with Exhibits Page 10 of 27
<br />Department: Legal
<br />Version: 11.0
<br />Release Date: 7/31/2015
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