Res 2003-066 - Laserfiche WebLink

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5. NON-DISCLOSURE 5.1 Neither Party shall use, disclose, or permit any person to obtain any Confidential Information (in written, tangible or other fom~) acquired from or provided by the other Party whether directly or indirectly, except as specifically authorized by this Agreement or in writing by the other Party. 5.2 Each Party shall use the same care to safeguard the Confidential Information of the other Party as it takes to safeguard its own Confidential Information and this shall not be any less than would be taken by a reasonable person to safeguard its own Confidential Information. 5.3 Each Party shall permit access to the Confidential Information only to its Representatives with a need for access to perform their duties. Representatives having such access shall be specifically advised of the confidentiality provisions of this Section 5and shall be required to agree to be bound thereto prior to receiving any Confidential Information. 5.4 The Parties acknowledge that disclosure of Confidential Information may cause serious and irreparable harm which cannot be adequately compensated in damages and accordingly agree that each Party shall be entitled to obtain injunctive relief without the necessity of proof of damages, in addition to any other appropriate remedy, to prevent such disclosure. 5.5 The Parties acknowledge and agree that the confidentiality provisions of this Section 5 shall survive the termination of this Agreement for any reason whatsoever. 6. MISCELLANEOUS 6.1 Nothing in this Agreement is intended as a waiver by San Marcos of any immunity from suit or liability to which it is entitled under Texas law. 6.2 As to all acts or failures to act by either Party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the subject act or failure to act. 6.3 Harris agrees not to use funds received by it under the terms of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. 6.4 Harris hereby affirms that Harris has not made or agreed to make any valuable gift whether in the fonu of a service, loan, thing or promise to any person or any of his/her immediate family, having the duty to recommend, the right to vote upon, or any other direct influence on the selection of Harris to provide professional services to San Marcos within two years preceding the execution of this Agreement. A campaign contribution, as defined by the Texas Election Code or the San Marcos City Code will not be considered as a valuable gifl for the purposes of this Agreement. 6.5 In performing the services required under this Agreement, Harris will not discriminate against any person on the basis of race, color, religion, sex, national origin, age or disability. 7