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Agmt20 NextRequest
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Agmt20 NextRequest
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Last modified
10/21/2020 3:36:47 PM
Creation date
10/21/2020 3:01:28 PM
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Template:
Agreement
Contractor Name
NextRequest
PROJECT NAME
Public Records Request Management Software
RMP File Number
304.5
Date
9/29/2020
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EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO NEXTREQUEST UNDER THIS <br />AGREEMENT. <br />8.4. Insurance. NextRequest uses third party service providers to perform part of the Services. <br />Because of the nature of these relationships, NextRequest shall not be required to ensure that such service <br />providers meet the City's insurance requirements or to provide evidence of insurance. NextRequest remains <br />fully responsible to Customer under this Agreement for Services performed by its third -party service providers <br />to the same extent as if NextRequest performed the Services itself. <br />Capitalized terms have the following meanings: <br />"Customer Content" means all data that Customer or Customer Users store in, transmit to, or produce with <br />the Service, or otherwise provide to NextRequest under this Agreement. Customer Content does not include <br />Usage Data collected from Customer, Customer Users, or Requesters. <br />"Customer User" means a person authorized by Customer, such as a Customer employee, to use the Service <br />on Customer's behalf. Customer User does not include Requesters. <br />"Intellectual Property" or "IP" means legally protectable rights related to patents, copyrights, trademarks, trade <br />secrets, rights of publicity and any other proprietary intellectual property. <br />"Prohibited Content" means content that, if disclosed to the public, would violate (i) the California Public <br />Records Act (Govt. Sec. 6250 et seq.), or (ii) other applicable federal, state or local laws. <br />"Requester" means a member of the general public who uses the Service to make a public records request. <br />"Requester Content" means information provided by or collected from a Requester. Requester Content does <br />not include Usage Data collected from Requesters. <br />"Sensitive Information" means information such as financial data, personal data, individually identifiable <br />information about children, individually identifiable health information, geolocation information about specific <br />people, Social Security numbers, driver's license numbers, other confidential ID numbers, financial account <br />numbers, credit or debit card numbers, personal identification numbers (PINs) or passwords, street <br />addresses, phone numbers or other personal information. <br />"Service" means NextRequest's integrated web -based service, which assists customers in responding to <br />public records requests. The Service consists of a core web -based application and any optional modules <br />which may be purchased by Customer. The details of the Service subject to this Agreement are set forth in <br />the Order Form. <br />"Service Providers" means third -party providers of services that are part of the Service. <br />"Usage Data" means information other than Customer Content or Requester Content that is collected, directly <br />or indirectly, from Customer, Customer Users, or Requesters by or through the Service, including information <br />that incorporates or is derived from the processing of information, data or content by or through the Service <br />as well as any information, data or other content derived from NextRequest's or its Service Providers' <br />monitoring of Customer's access to or use of the Service such as information reflecting the access or use of <br />the Service by or on behalf of Customer, any Customer User, or any Requester. <br />REV: 09-25-2020 PR <br />ATTY/AGR.2020.211/Next Request Co. (Public Records Act Request Automated System) (Page 19 of 23) <br />
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