Agmt21 Camino Technology Solutions, Inc.

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Agreement. Discussing Security Incidents with the City should be handled on an urgent as -needed basis, as part of communication and mitigation processes as mutually agreed upon, defined by law, or contained in this Agreement. 12.7.2 Security Incident Reporting Requirements. Consultant shall report a Security Incident to the appropriate City staff immediately. 12.7.3 Breach Reporting Requirements. If Consultant has actual knowledge of a confirmed Data Breach that affects the security of any City content that is subject to applicable Data Breach notification law, Consultant shall: (1) promptly notify the appropriate City staff within 24 hours or sooner, unless shorter time is required by applicable law, and (2) take commercially reasonable measures to address the Data Breach in a timely manner. 12.7.4 Breach Responsibilities. If any forensic analysis or report determines Consultant to be the sole source of any security incidents, the City will not be responsible for any data compromise losses or damages and Consultant will hold harmless the City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, and cost of every nature arising out of or in connection with said security incident. 13. COPYRIGHT. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant. 14. LEGAL CONSTRUCTION. 14.1 This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. 14.2 This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. 14.3 The article and section, captions and headings herein have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. 14.4 Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural. REV: 03-24-21 PR Pilot Project Software Agreement for the Automated Permit and Land Management System Camino Technologies Corporation ATTY/AGR.2021.062/Camino Technolgy Solutions, Inc. (Software for Automated Permit and Land Management) (Page 9 of 18)