Agmt21 Cleverciti Systems, Corp.

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1.12. "Intellectual Property Rights" means all patents, design patents, and designs (whether or not capable of registration), and other like protection, copyright, trademark, trade name, all rights arising from the use of or existing in connection with domain names, rights in trade dress, rights in or relating to databases, and any other form of statutory protection of any kind and any other intellectual property rights (registered or unregistered) throughout the world including all rights of reversion and rights to any applications and pending registrations and the right to sue for and recover damages for past infringements. 1.13. "Labor" means the categories of work defined as Labor in Exhibit "B". 1.14. "Non -Public Data" means data, other than Personal Data, that is not subject to distribution to the public as public information. It is deemed to be sensitive and confidential by the City because it contains information that is exempt by statute, ordinance or administrative rule from access by the general public as public information. 1.15. "Notice to Proceed," means the written notice provided by the City to Contractor authorizing the start of performance under this Agreement. 1.16. "Personal Data" means data that includes information relating to a person that identifies the person by name and has any of the following personally identifiable information (PII): government -issued identification numbers (e.g., social security, driver's license, passport); financial account information, including account number, credit or debit card numbers. 1.17. "Security Incident" means the potentially unauthorized access by non - authorized persons to Personal Data or Non -Public Data that could reasonably result in the use, disclosure or theft of Personal Data or Non -Public Data within the possession or control of Contractor, including but not limited to the theft or loss of encrypted data. A Security Incident may or may not turn into a Data Breach. 1.18. "Services" means the online, web -based applications, including Contractor's web -based management platform provided by Contractor, including associated offline components but excluding Third Party Applications. 1.19. "Substantial Completion" means the City has provided written notification that the system has successfully passed the required Device Acceptance Tests and activating the system for public use as defined in Section 3.3.A of the Functional Specifications for the Initial Order, with 3.3.A.4 replaced in its entirety by the following: "DATs shall be conducted for all vehicle detectors, access control system interfaces, and DMS. The Contractor shall activate a System Component for public use when all DATs for a System Component have been successfully completed." REV: 12-10-2020 SK 1.20. "System Component" is defined in the tables of Exhibit "E". ATTY/AGR.2020.282/Cleverciti (Parking Guidance System Project) (Page 3 of 54)