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TKB shall not disclose to any person or entity, and shall take all reasonable measures to assure <br /> the confidentiality of, Customer's information, including securiry, file designs, configurations, <br /> personal and proprietary information,and any other sensitive information asserted by <br /> Customer to be confidential. <br /> Hold Harmless <br /> TKB agrees to defend, indemnify and hold harmless the Customer and its agents and/or <br /> employees from any and all claims, settlements,and judgments for personal injury,bodily <br /> injury, property damage and/or death arising solely out of TKB's or any of its agents, servants <br /> and/or employees'negligent acts, and or failure to act in the performance of this Contract. <br /> Neither acceptance of the completed work nor payment therefore shall release TKB of its <br /> obligation under this paragraph. <br /> Adjustment to Price <br /> Changes in contractual provisions or services to be furnished under the contract may be made <br /> only in writing and must be approved by Customer and TKB. Should a decision be made to <br /> amend the scope of the contract, Customer and TKB will mutually agree, in writing,to an <br /> adjusted contract price. Any products already ordered and canceled before delivery or returned <br /> after delivery will be charged a io% restocking and handling fee. Customer may receive a <br /> "Company Credit" or a check for any refunded items less any outstanding balances or fees. <br /> Jurisdiction <br /> Any disagreement arising under this agreement or any breach thereof shall be submitted to <br /> arbitration;judgment upon any award may be entered in a court of the State of Illinois. The <br /> arbitration shall be held under the rules of the American Arbitration Association or its <br /> equivalent at a site agreed upon by TKB and Customer,in the State of Illinois. No action under <br /> this agreement may be brought by either party more than one year after the cause of action has <br /> accrued. <br /> Modification or Amendment <br /> No modification or amendment of this Agreement will be binding on either party unless in <br /> writing and signed by an authorized representative or o�cer of either party. <br /> Equal Employment Opportunity Compliance � <br /> TKB acknowledges that it has read and agrees to abide by the Equal Employment Opportunity <br /> Clause attached hereto as Exhibit B, and incorporated by reference. <br /> Payment <br /> Customer shall make payments as follows: <br /> -50% due upon execution of this Agreement <br /> - 25% due upon delivery of components to client <br /> -25% due upon completion of the work <br /> Laserfiche Proposal for the City of Decatur Page 5 of 6 <br />