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rights in the hardware, firmware, software, and the integration of ancillary materials, <br />knowledge, and designs that constitute Axon products, and: services, and that the Agency will <br />not directly or indirectly cause any proprietary rights to be violated. <br />1:6.5 Independent Contractors. The Parties are independent contractors. Neither Party, nor any <br />of their respective affiliates, has the authority to bind the other. This Agreement does not <br />create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship <br />between the Parties. <br />16.6 No Third Party Beneficiaries. This Agreement doles not create any third party beneficiary <br />rights in any individual or entity that is not a party to this Agreement. <br />16.7 Non-discrimination and Equal Opportunity. During the performance of this Agreement, <br />neither the Parties nor the Party's employees will discriminate against any person, whether <br />employed by a Party or otherwise, on the basis of basis of race, color, religion, gender, age, <br />national origin, handicap, marital status, or political affiliation or belief. In all solicitations or <br />advertisements for employees, agents, subcontractors or others to be engaged by a Party or <br />placed by or on behalf of a Party, the solicitation or advertisement shall state all qualified <br />applicants shall receive consideration for employment without regard to race, color, religion, <br />gender, age, national origin, handicap, marital status, or political affiliation or belief. <br />16.8 U.S. Government Rights, Any Evidence.com Services provided to the U.S, Government as <br />commercial items," "commercial computer software," "commercial computer software <br />documentation," and "technical data" will have the same rights and restrictions, generally <br />applicable to the Evidence.com Services. If the Agency is using the Evidence.com Services on <br />behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or <br />are inconsistent in any respect with federal law, the Agency will immediately discontinue use <br />of the Evidence.com Services. The terms "commercial item," "commercial computer software," <br />"commercial computer software documentation," and "technical data" are defined in the <br />Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement, <br />16.9 Import and Export Compliance. in connection with this Agreement, each Party will comply <br />with, all applicable import, re- import, export, and re-export control laws and regulations. <br />Ill 6.101 Assignment. Neither Party may assign or otherwise transfer this Agreement without the prior <br />written approval of the other Party. Axon may assign or otherwise transfer this Agreement or <br />any of its rights or obligations under this Agreement without consent (a) for financing <br />purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of its <br />assets, (c) as part of a corporate reorganiization, or (d) to a subsidiary corporation. Subject to <br />the foregoing, this Agreement will be binding upon the Parties and their respective successors <br />and assigns. <br />16.11 No Waivers. The failure by either Party to enforce any provision of this Agreement will not <br />constitute a present or future waiver of the provision nor limit the Party's right to enforce the <br />provision at a later time. <br />TA a; Auto,SeMcal and Pui'haliddio Agreement bameen Axon and Agency <br />Dfllmnonoll SOT0141190"m S"Mce Page 6 of 31 <br />Vonflow I A <br />Moose Dow 61020V <br />