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1. Applicability.The provisions of this Addendum shall apply only if Customer is a Government Customer <br /> under the Agreement. <br /> 2. Termination for Non-Appropriation of Funds. If Customer is subject to federal,state or local law which <br /> makes Customer's financial obligations under this Agreement contingent upon sufficient appropriation of <br /> funds by the applicable legislature(or other appropriate governmental body),and if such funds are not <br /> forthcoming or are insufficient due to failure of such appropriation,then Customer will have the right to <br /> terminate the Agreement at no additional cost and with no penalty by giving prior written notice <br /> documenting the lack of funding.Customer will provide at least thirty(30)days advance written notice of <br /> such termination.Customer will use reasonable efforts to ensure appropriated funds are available. If <br /> Customer terminates the Agreement under this Section 2,Customer agrees not to replace the Services <br /> with functionally similar products or services for a period of one year after the termination of the <br /> Agreement. <br /> 3. Indemnification. If Customer is prohibited by federal,state or local law from agreeing to hold harmless or <br /> indemnify third parties,Section 9.2 of the Agreement shall not apply to Customer,to the extent <br /> disallowed by applicable law. <br /> 4. Open Records. If the Customer is subject to federal or state public records laws,including laws styled as <br /> open records,freedom of information,or sunshine laws("Open Records Laws")the confidentiality <br /> requirements of Section 5 of the Agreement apply only to the extent permitted by Open Records Laws <br /> applicable to the Customer.This Section is not intended to be a waiver of any of the provisions of the <br /> applicable Open Records Laws,including,without limitation,the requirement for the Customer to provide <br /> notice and opportunity for PowerDMS to assert an exception to disclosure requirements in accordance <br /> with the applicable Open Records laws. <br /> S. Resolution of Disputes.[Intentionally omitted] <br /> 6. Cooperative Purchasing.If Customer is a Government Customer,but is not a U.S. Federal Agency or <br /> subdivision thereof, PowerDMS agrees to allow any other state agency,department,political subdivision <br /> or instrumentality of the state but in all cases located in the same state as the Customer("Related <br /> Agency")to purchase Services under the terms of the Agreement,at the Related Agency's discretion with <br /> the following requirements,exceptions and limitations:(a)any purchases made by a Related Agency shall <br /> be transactions between the Related Agency and PowerDMS;for clarity,Customer shall not be <br /> responsible for any transactions between the Related Agency and PowerDMS,(b)the terms(including <br /> pricing)specified in the Service Orders entered into between PowerDMS and Customer shall not be <br /> incorporated into the transactions between the Related Agency and PowerDMS,and(c)the Related <br /> Agency will confirm in writing it has the authority to use the Agreement for the purchase and that the use <br /> of the Agreement for the purchase is not prohibited by law or procurement regulations or standards <br /> applicable to the Related Agency. <br /> Page 9 <br />