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is subject to documents requests pursuant to the California Public Records Act and Freedom of Information Act ("Acts"). 10. Standard of Performance. While performing the Services, PSD shall exercise the reasonable professional care and skill customarily exercised by reputable members of PSD's profession practicing in the urban Northern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 11 . Ownership of Data. Data collected before and during the life of this Agreement shall be the property of the City. Upon termination of this Agreement, PSD shall provide all data contained within any software described in Exhibit A to the City in a SQL database and/or any other format of the City's choosing. 12. Force Majeure. Neither party shall be liable to the other for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including: Acts of God; acts of war; accident; labor disruption; acts, omissions, and defaults of third parties; and official, governmental, and judicial action not the fault of the party failing or delaying in performance. 13. Contract Administration and Notice. This Agreement shall be administered on behalf of the City by the City Manager or his/her designee. All notices and other communications required or permitted under this Agreement must be in writing and will be deemed given when: (i) delivered personally; (ii) sent by United States registered or certified mail, return receipt requested; (iii) transmitted by facsimile confirmed by certified mail; or (iv) sent by overnight courier. Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. Any written notice between the parties shall be sent to: City of Redwood City PSD Software LLC Attention: City Manager Attn: 1017 Middlefield Road 3855 Shallowford Rd. Redwood City, CA 94063 Marietta, GA 30062 (650) 780-7000 Phone: 14. Insurance. PSD shall obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by PSD or PSD's agents, representatives, employees or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not less than "A-:VII". 14. 1 Coverages and Limits. PSD, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City in writing. These minimum amounts of coverage will not constitute any limitations or cap on PSD's indemnification obligations under this Agreement. 14. 1 . 1 Commercial General Liability Insurance. PSD shall maintain occurrence based coverage with limits not less than $ 1 ,000,000 per occurrence. If the Page 4 of 21 REV: 03-31-16 FF ATTY/AGR.2016.066/PSD HiperWeb