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2.5. Usage Data. NextRequest retains ownership of all Intellectual Property in Usage Data (as later defined), and NextRequest grants to Customer a worldwide, non-exclusive, royalty -free, fully -paid, non-transferrable, irrevocable, perpetual, and non- sublicensable right to use Usage Data for the Purpose. 2.6. Feedback and improvements. Any suggestions provided by Customer to NextRequest with respect to NextRequest's products or services shall be collectively deemed "Feedback." NextRequest will be free to use Feedback without any obligation to Customer and Customer hereby assigns to NextRequest all rights, title, and interest in and to any Feedback. NextRequest will be considered the sole author of all modifications or improvements to the Service. NextRequest may use Customer Content to improve the Service and shall be the sole owner of any such improvements, so long as such use protects the confidentiality of Customer Content. 3. Customer Obligations 3.1. Security. The Service is hosted by third -party Service Providers pursuant to agreements between NextRequest and such Service Providers. NextRequest maintains the level of security outlined in NextRequest's Systems Security Plan ("Security Plan), which is available at httr)s://www.nextreauest.com/security, and which NextRequest shall not alter following the Effective Date without at least ten (10) business days' prior written notice to City under Section 5.2 of the Agreement. 3.2. Laws Applicable to Customer. Customer is solely responsible for Customer Content and will comply with all laws applicable to Customer's use of the Service, including without limitation privacy and security laws and laws regarding the export of data or software. NextRequest shall not be liable for any damages that arise due to Customer or Customer Users' publication or processing of any information in violation of any law. Customer represents and warrants that it has reviewed the Security Plan carefully and has made its own, independent determination whether the levels of privacy and security set forth in the Security Plan are sufficient for Customer's use of the Service. Customer acknowledges and agrees that the Service, including without limitation the degree of privacy and security provided by the Service, may not comply with special privacy and security requirements relating to the processing of Sensitive Information. Customer will not use the Service to disclose to the public any information subject to the Health Insurance Portability and Accountability Act ("HIPAX). Customer agrees that if Customer uses the Service to disclose to the public Sensitive Information, any such use is at Customer's own risk and NextRequest will have no liability to Customer or any third party arising out of or relating to such use. Customer will not disclose to NextRequest or any third party any information that Customer is prohibited by any law or regulation from disclosing. To the extent that Customer Content causes NextRequest or its Service Providers to be subject to any law to which it otherwise would not be subject (such as HIPAA), NextRequest or its Service Providers may remove such data pursuant to Section 9 or discontinue the Service without any liability except to refund any fees Customer paid to NextRequest attributable to unused services. 3.3. Public Records Laws. Customer is solely responsible for compliance with all applicable public record laws and under no circumstances shall NextRequest be liable for any damages relating to non- compliance, regardless of whether such non-compliance arises out of or relates to Customer's use of or reliance on the Service. Neither NextRequest nor its Service Providers guarantees the accuracy, integrity or quality of Customer Content. Customer hereby unconditionally and irrevocably grants to NextRequest an assignment of all right, title and interest in and to the Usage Data, including all Intellectual Property rights relating thereto. REV: 09-25-2020 PR ATTY/AGR.2020.211/Next Request Co. (Public Records Act Request Automated System) (Page 16 of 23)