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5 <br />reasonably requested by NICB or as otherwise required to be provided by <br />applicable law. <br />7. Representations and Warranties. Agency represents and warrants the following: <br />A. Agency is a professional, reputable, and trustworthy organization that serves <br />the public. <br />B. Agency is not under suspension for any criminal or civil violation; or under <br />active criminal investigation or indictment. <br />C. Agency will not provide access to any Designee who is not in Good Standing. <br />D. Agency, its Administrator, and its Designees have a justifiable reason for <br />requiring access to ISO ClaimSearch that is consistent with the Purpose. <br />E. Agency either (a) has an established working relationship with NICB, or (b) <br />will take steps in order to establish a new relationship with NICB. <br />F. Agency agrees to comply with all applicable federal, state, and local data <br />privacy and security laws, rules and regulations, and applicable industry <br />standards related to or concerning the protection of data. <br />8. Indemnity. To the extent permissible by law, Agency shall indemnify, defend and hold <br />NICB harmless from all third-party lawsuits, claims, liabilities, damages, <br />settlements, judgments, or expenses, including NICB’s costs and reasonable attorney <br />fees, which arise as a result of Agency’s material breach of this Agreement, negligent <br />acts or omissions, or willful misconduct. <br />9. Disclaimer of Warranties. Limited Use; No Reliance. Information contained within <br />ISO ClaimSearch is provided “AS IS, WHERE IS” and intended to be used as <br />investigative leads only, in support of investigations of criminal activity in accordance <br />with the Purpose. Agency should not make prosecution decisions based solely upon <br />information contained in ISO ClaimSearch. NICB HEREBY DISCLAIMS ALL <br />WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT <br />LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS <br />FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE INFORMATION <br />CONTAINED WITHIN ISO CLAIMSEARCH. <br />10. Term and Termination. <br />A. Term. This MOU shall commence as of the Effective Date and will remain in <br />effect until either Party terminates this MOU by providing 30 days’ written <br />notice to the other party of the termination whereupon the MOU will terminate <br />at the end of the 30-day notice period. <br />B. Immediate Termination. NICB may immediately terminate this MOU if the <br />Agency materially breaches its obligations under this MOU. <br />11. Survival. Upon termination of this MOU, the provisions of this MOU concerning the <br />ongoing interests of the parties shall continue and survive in full force and effect.