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cft"o7 <br />ry tinMr� dR�ON <br />r¢vvf' n Il r, <br />plod Bold Ideas Greater Good. <br />produced under this Agreement (collectively, the "Proprietary Information"), and equipment <br />furnished to or prepared by Consultant in the course of or incident to rendering of services to the <br />Sponsor, belong to the Sponsor and shall be promptly returned to the Sponsor upon request. <br />(d) Consultant agrees to hold all Sponsor's Proprietary Information in strict confidence and trust <br />for the sole benefit of the Sponsor and not to, disclose, use, copy, publish, summarize, or remove <br />from Sponsor's premises any Proprietary Information (or remove from the premises any other <br />property of the Sponsor) during the Consulting Period except (i) to the extent necessary to carry out <br />Consultant's responsibilities under this Agreement or (ii) after termination of the Consulting Period <br />or (iii) when the information falls within the guidelines of this Agreement. <br />SII,IC1III0III'4 5 NO TH IIIIS. <br />All notices or other communications required or permitted hereunder shall be made in writing and <br />shall be deemed to have been duly given if delivered by hand or mailed, postage prepaid, by <br />certified or registered mail, return receipt requested, and addressed to the Sponsor at: <br />ATTN: City of South Bend, Indiana, Board of Public Works <br />227 W. Jefferson Blvd. <br />South Bend, IN 46601 <br />or to the Consultant at: <br />ATTN: Allison Egan, Program Director for Civic Innovation <br />enFocus <br />Studebaker Building 113 <br />635 S Lafayette Boulevard <br />South Bend, IN 46601 <br />Notice of change of address shall be effective only when done in writing and sent in accordance with <br />the provisions of this Section. <br />SEC ""III""'ION Illllw':i'11[)IWSN°"III""'S AND WAIVIIIll6 <br />This Agreement may not be modified or amended except by an instrument in writing, signed by a <br />duly authorized representative of the Sponsor and the Consultant. By an instrument in writing <br />similarly executed, either party may waive compliance by the other party with any provision of this <br />Agreement that such other party was or is obligated to comply with or perform, provided, however, <br />that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or <br />subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power <br />hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, <br />remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any <br />other right, remedy, or power provided herein or by law or in equity. <br />u a )N4F11; EN I'W I NO I"IQ":'E: This document and its contents are confidential. If you have received this document in error, please <br />destroy immediately. <br />