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CCP 07-14-2009
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CCP 07-14-2009
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12/21/2018 11:28:33 PM
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7/10/2009 1:46:16 PM
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13. Data Security. <br />During the term of this Agreement, CJIIN shall, at a minimum, implement the following <br />procedures designed to protect the security of City Data: <br />(a) User identification and access controls designed to limit access to City Data and the City's <br />Confidential Information to the City Permitted Users; <br />(b) Industry standard firewalls regulating data entering CJIIN's internal data network from an <br />external source, which will enforce valid secure connections between internal and external <br />systems; <br />(c) CJIIN and Dakota County will maintain and follow a disaster recovery plan designed to <br />maintain access to the System Software and Services and to prevent the unintended destruction <br />of City Data or City Confidential Information; <br />(d) Regular CJIIN employee training regarding the security and data recovery programs <br />referenced in this Section. <br />14. Liability Limitations. <br />(a) OTHER THAN THOSE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, <br />DAKOTA COUNTY/CJIIN DOES NOT MAKE ANY WARRANTIES TO THE CITY OR ANY <br />OTHER PERSON OR ENTITY, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT <br />LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A <br />PARTICULAR PURPOSE) WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER. <br />DAKOTA COUNTY/C3IIN SHALL NOT BE LIABLE TO THE CITY OR TO ANY OTHER <br />PERSON OR ENTITY, UNDER ANY CIRCUMSTANCE OR DUE TO ANY EVENT <br />WHATSOEVER, FOR CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, <br />WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF USE OR BUSINESS STOPPAGE. <br />(b) Under no circumstances shall Dakota County/CJIIN's total liability to the City or any other <br />person, related to the System Software, Provider Content, or performance of Services under <br />this Agreement exceed the aggregate amount of fees and revenue received by CJIIN hereunder <br />for the prior twelve (12) month period. <br />15. Indemnity. <br />Dakota County/C3IIN Indemnity. <br />Dakota County shall indemnify, defend, and hold harmless the City and its officers, employees <br />and agents with respect to claims, losses, damages, causes of action and liability of any kind, <br />including court costs, attorneys' fees and expert witness fees (" Claims'D to the extent that it is <br />based upon (i) any third party claim arising out of Dakota County/CJIIN's breach of its <br />Page 10 of 20 <br />
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