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For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any <br />kind, including `Native Files", that are stored in any medium from which it can be retrieved and examined, either <br />directly or after translation into a reasonably useable force. ESI may include information and/or documentation <br />stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe <br />Acrobat, SQL databases, or any other software or electronic communication programs or databases that the <br />CONSULTANT may use hi the performance of its operations. ESI may be located on network servers, backup <br />tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other <br />electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any <br />personal devices used by %c CONSULTANT or any sub -consultant at home. <br />"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally <br />created, viewed, and /or modified <br />The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in <br />relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in <br />writing by the AGENCY prior to the execution of such subcontract. <br />In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the <br />"Execution Date" box on page one (1) of this AGREEMENT. <br />Signature Dab <br />signature Date -- <br />Any modification, change, or• reformation of this AG'.REEMEAIF shall require approval as W farm by the ("ace <br />of the Attorney General. <br />Agreement Number: <br />LocatAgency A&E Professional Servkes Negotiated Hourly Rate ConsultantAgr+eement Page 14 of 14 <br />