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5.2 Non -Disclosure. Except as required by law or regulation, Client shall hold and maintain the Confidential Information in strictest confidence and
<br />in trust for the sole and exclusive benefit of Streamline, and this Agreement creates no obligation on Streamline to disclose any of its Confidential
<br />Information. Except as required by law or regulation, Client shall not, without the prior written approval of the Streamline, use for its own benefit,
<br />publish or otherwise disclose to others, or permit the use by others for their benefit, or to the detriment of Streamline, any of the Confidential
<br />Information. Client shall carefully restrict access to the Confidential Information to those of its employees who clearly need such access. Client
<br />further warrants and represents that it shall advise each of the persons to whom it provides access to any of the Confidential Information pursuant
<br />to the foregoing sentence that such persons are prohibited from making any use, publishing or otherwise disclosing to others, or permitting others
<br />to use for their benefit, or to the detriment of Streamline, any of the Confidential Information. Client represents and warrants that no Confidential
<br />Information, or any portion thereof, shall be exported to any country in violation of the United States Administration Act and all regulations
<br />thereunder.
<br />5.3 Return of Confidential Information. Except as required by law or regulation, any materials or documents which have been furnished by Streamline
<br />to_Clientshallbe_promptLysetumed,accompanied-by alLco ies of such documentation, after the termination of this Agreement, or at anytime upon
<br />Streamline's request. Except as required by law or regulation, no copies of Confidential Information may be made unless approved in writing by
<br />Streamline.
<br />5.4 Iniunctive Relief Client understands and acknowledges that its obligations are necessary and reasonable in order to protect Streamline's business
<br />and expressly agrees that monetary damages would be inadequate to compensate Streamline for any breach of any covenant or agreement set forth
<br />herein. Accordingly, Client agrees and acknowledges that any such violation or threatened violation shall cause irreparable injury to Streamline
<br />and that, in addition to any other remedies that may be available, in law, in equity or otherwise, Streamline shall be entitled to obtain injunctive
<br />relief against the breach or threatened breach under this Article 5, or the continuation of any such breach, without the necessity of proving actual
<br />damages.
<br />5.5 Legal Proceedings. IfClient is requested or required (by oral questions, interrogatories, requests for information or documents in a legal proceeding,
<br />subpoena, civil investigative demand or other similar process) to disclose any of the Confidential Information, Client shall endeavor in good faith
<br />to provide the Streamline prompt notice of the request or requirement so that Streamline may at its expense seek a protective order or other
<br />appropriate remedy or waive compliance with the provisions of this Agreement.
<br />ARTICLE 6
<br />MISCELLANEOUS
<br />6.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained herein, and shall
<br />supersede all prior and contemporaneous agreements, representations and understandings of the Parties regarding such subject matter including,
<br />but not limited to, oral agreements.
<br />6.2 Binding Effect. This Agreement shall be binding on the Parties to this Agreement, and their heirs, executors, administrators, personal
<br />representatives, successors, and assigns.
<br />6.3 Recitals. Each of the statements set forth in the Recitals portion of this Agreement shall be deemed for all purposes to be included in the Operative
<br />Provisions of this Agreement.
<br />6.4 Exhibits. Sections, and Articles. Any references to Exhibits, Sections, or Articles refer to the actual Exhibits, Sections, and Articles within this
<br />Agreement.
<br />6.5 Incorooration. All Exhibits and documents referenced herein are incorporated herein by their specific reference and made a part hereof.
<br />6.6 Waiver. A Party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect the validity or enforcement,
<br />or constitute a waiver of future enforcement, of that provision or of any other provision of this Agreement by that Party or any other Party.
<br />6.7 Modification. Except as otherwise specifically provided herein, no alteration, modification or interpretation of this Agreement shall be binding
<br />unless in writing and signed by all of the Parties. Notwithstanding the foregoing, a modification to this Agreement, the effect of which is to increase
<br />or decrease the ALSF by no more than Four Hundred Dollars ($400) shall be permissible and constitute a binding Agreement modification if same
<br />is requested by and acknowledged via e-mail.
<br />6.8 Assignment. Except as otherwise specifically provided herein, all of the rights and obligations of the Parties set forth herein are personal to the
<br />Parties and none of the Parties may assign his/her/its rights nor delegate his/her/its duties hereunder to any other Party without the express, prior,
<br />written consent of the other Parties. Notwithstanding the previous sentence, Streamline may transfer or assign its rights and obligations under this
<br />Agreement to a subsidiary or entity controlling, controlled by or under common control with Streamline or to an entity that acquires Streamline by
<br />merger or purchase of all or substantially all of Streamline's assets.
<br />6.9 Force Maieure. Neither party shall be in default of its obligations to the extent its performance is delayed or prevented by causes beyond its control,
<br />including but not limited to acts of God, earthquake, flood, embargo, riots, sabotage, fire, labor disturbances, acts of war, acts of terror, radiological,
<br />nuclear, chemical, or biological attack, or spread of infectious disease, a new and unforeseeable law or court order that prohibits a parry's
<br />performance or imposes a substantial and commercially unreasonable burden on a party's performance, or the unavailability of third -party
<br />telecommunications or services (after taking all commercially reasonable steps to provide substitutes therefore).
<br />6.10 Indemnification. To the extent permitted by applicable law, the Company will indemnify and hold the Client harmless from and against any and
<br />all loss, damage, liability, claims and/or injury resulting from all actions performed by the Company, or its agents on the Company's behalf, in
<br />connection with this Agreement. However, this indemnification shall not apply with respect to any legal cause, action or consequential liability
<br />or losses as a result from inaccurate or incomplete information or unfounded or unreasonable submissions furnished to the Company by the Client
<br />nor shall it apply to any act, omission or negligence of the Client.
<br />6.11 Insurance. The Company shall secure and maintain in effect at all times during performance of work under this Agreement such insurance as will
<br />protect Company, its employees, and agents from all claims, losses, harm, costs, liabilities, damages and expenses arising out of Company's
<br />performance under this Agreement, including but not limited to personal injury (including death) or property damage. All insurance shall be
<br />Streamline License and Service Agreement Revised 12/14/2020
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