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5 <br /> (1)not to,at any time,disclose or disseminate confidential data embodied in the data to any other <br /> person,firm,organization,or employee who does not need to obtain access thereto consistent <br /> with TC Technology obligations under this Agreement; (2) not to disclose or disseminate such <br /> confidential data to any third party;and(3) to ensure that all persons working for TC <br /> Technology protect City's confidential data against unauthorized use,dissemination,or <br /> disclosure. TC Technology's obligations under this section shall not apply to any information <br /> that is or becomes available without restriction to the general public by acts not attributable to <br /> City or its employees. <br /> 8.2 TC Technology Confidential Information <br /> It is understood and agreed that City does not wish to receive from TC Technology any <br /> confidential information of TC Technology or of any third party. TC Technology represents and <br /> warrants that any information provided to City in the course of entering into this Agreement or <br /> performing work hereunder shall not be confidential or proprietary of TC Technology. TC <br /> Technology's data structures,links,architecture,and implementation of its Software are <br /> confidential,proprietary and kept by TC Technology as a trade secret. TC Technology <br /> acknowledges,however,that the City is subject to RCW Chap.42.17. Therefore,if a request is <br /> made for disclosure of the data structures,tables,links,architecture,or implementation of <br /> Software,the City agrees to make reasonable efforts to notify TC Technology so that TC <br /> Technology may,if it chooses,contest disclosure in the manner allowed by RCW Chap.42.17 or <br /> any other applicable law. <br /> 9 INTELLECTUAL PROPERTY RIGHTS <br /> All Software provided hereunder is and shall remain the property of TC Technology,or,if <br /> licensed by TC Technology,the licensor. TC Technology represents and warrants that: (1)it is <br /> and will be either the sole author of,or duly licensed and authorized to use,all works employed <br /> by TC Technology in preparing any and all Software;(2)it has and will have full and sufficient <br /> right to assign or grant the rights and/or licenses in the Software and(3) all Software provided to <br /> the City do not and will not infringe any patents,copyrights,trademarks,or other intellectual <br /> property rights(including trade secrets),privacy or similar rights of any third party,nor has any <br /> claim(whether or not embodied in an action,past or present)of such infringement been <br /> threatened or asserted,nor is such a claim pending against TC Technology(or,insofar as TC <br /> Technology is aware,any entity from which TC Technology has obtained such rights). <br /> 10 WARRANTIES <br /> 10.1 TC Technology warrants and represents that the level of bugs or errors in the user <br /> interface or in the processing or handling of transactions are no greater than reasonable and <br /> customary in the industry,that TC Technology has made and will use its best efforts to eliminate <br /> bugs or errors,that the Software will operate without unreasonable interruptions(either in <br /> number or duration),that the Software is compatible with most major hardware and software <br /> configurations using Microsoft Windows XP,Visual Basic,programs,that the Software is <br /> compatible with the hardware and software environment,and that the Software to be provided by <br /> TC Technology is fit for its intended purpose. <br /> 10.2 TC Technology does not warrant or represent that the Software or documentation is <br /> completely free of errors,that it will always operate without any interruptions,or that it is <br /> compatible with all conceivable hardware and software configurations. <br /> Page 5 <br /> 1 7 <br />