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liable for any damages whatsoever arising out of the use of, or inability to use, the Software Products. B. Indemnity. a) Vigilant will defend, indemnify and hold harmless City and Its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the Services, (a) caused in whole or In part by the willful misconduct or any negligent act or omission of Vigilant, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of City or (b) any actual or alleged data breaches related to LPR Data. The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section. The parties expressly agree that this section shall survive the expiration or early termination of the Agreement. b) Without limiting the generality of the forgoing, If a claim alleging intellectual property infringement is made against Affiliate by a third -party in a court of competent jurisdiction regarding Affiliate's use of any of the Software Products, Vigilant shall hold harmless, defend, and indemnify Affiliate, and assume all legal responsibility and costs to contest any such claim. If Affiliate's use of any portion of the Software Products or documentation provided to Affiliate by Vigilant in connection with the software Products is enjoined by a court of competent jurisdiction, Vigilant shall do one of the following at its option and expense within sixty (60) days of such enjoinment: (1) Procure for Affiliate the right to use such infringing portion; (2) replace such infringing portion with a non -Infringing portion providing equivalent functionality; or (3) modify the infringing portion so as to eliminate the infringement while providing equivalent functionality. The parties expressly agree that this section shall survive the expiration or early termination of the Agreement. C. Use of Software Products Interface. Under certain circumstances, it may be dangerous to operate a moving vehicle while attempting to operate a touch screen or laptop screen and any of their applications. It is agreed by Affiliate that Affiliate's users will be instructed to only utilize the interface to the Software Products at times when it is safe to do so. Vigilant Is not liable for any accident caused by a result of distraction such as from viewing the screen while operating a moving vehicle. V. Software Support, Warranty and Maintenance. Affiliate will receive technical support by submitting a support ticket to Vigilant's company support website or by sending an email to Vigilant's support team. Updates, patches and bug fixes of the Software Products will be made available to Affiliate at no additional charge, although charges may be assessed if the Software Product is requested to be delivered on physical media. Vigilant will provide Software Products support to Affiliate's Technical Support Agents through e-mail, fax and telephone. VI. Camera License Keys (CLKs). Affiliate Is entitled to use of the Software Products during the term of this Agreement to set up and install the Page 4 of 22 REV:e6-01-17 JS ATTY/AGR.2016.126Nigilant Solutions