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necessary measures to protect their data in case of loss or damage to the data <br /> entrusted,whatever the cause,including those not specifically covered herein. <br /> 5. Interruptions: City may from time to time experience brief interruptions of service or <br /> availability or a degradation of functionality of FlowWorks Services or some of its <br /> features,including,but not limited to,interruptions or degradation in data collection, due <br /> to Internet outages, equipment failures,power failures, or similar events beyond the <br /> control of FlowWorks ("Interruptions"). FlowWorks shall use commercially reasonable <br /> means to minimize and mitigate any loss of data during such Interruptions. FlowWorks <br /> shall accurately restore at no cost to City all data properly transmitted to FlowWorks <br /> sixty(60)minutes or more prior to the Interruption and lost due to the Interruption. <br /> Monthly fees are not pro-rated due to Interruptions,unless FlowWorks is unavailable for <br /> more than 2% of any given month. <br /> City agrees to report any suspected Interruptions to FlowWorks within twenty-four(24) <br /> hours and to provide a detailed description of the situation surrounding the detection of <br /> the Interruption. FlowWorks shall use commercially reasonable means to diagnose the <br /> Interruption and to correct it. FlowWorks is not responsible for retrieving or reentering <br /> any data not properly transmitted to FlowWorks sixty(60)minutes or more prior to the <br /> Interruption and lost due to the Interruption. <br /> "Properly transmitted"is hereby defined as adhering to a transfer protocol established <br /> and approved by FlowWorks in advance of the transmission. <br /> 6. Maintenance: FlowWorks may be temporarily unavailable due to maintenance,repairs <br /> or upgrades ("Maintenance"). While FlowWorks will make commercially reasonable <br /> efforts to notify the City in advance of such Maintenance, it is not always possible to <br /> give notice of every Maintenance event. Monthly Fees are not pro-rated due to <br /> Maintenance,unless FlowWorks is unavailable for more than 2% of any given month. <br /> 7. No Infringement: FlowWorks represents the product and services offered hereunder, <br /> are owned or are the properly licensed property of FlowWorks. FlowWorks further <br /> represents the products, services and software furnished under this Agreement are free <br /> and clear of infringement in the U.S. of any patent or copyright covering the structure or <br /> composition of such articles. <br /> In the event of a claim, suit or action against the City and its Users alleging such <br /> infringement,FlowWorks shall indemnify and save City and Users harmless from <br /> liability as fmally determined by a court of competent jurisdiction, for such <br /> infringement. <br /> 81 <br />