R2004-130 AUTHORIZING PROFESSIONAL SERVICES AGREEMENT

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6 XII. CONFIDENTIAL INFORMATION CITY and SIGNATURE each possess technical information and data of a confidential nature relating to this program(hereinafter referred to as "Information"). Each party to this Contract is willing, in accordance with the terms and conditions set forth below,to disclose such Information to the other party for the purposes of execution of this Contract. Except as otherwise expressly provided herein, the receiving party agrces not to divulge to any third party any information discloserl by the disclosing party hereunder (except to those of its employees who require knowledge of the same in the perforxnance of their regular duties), and not to make any use of such information, except for the foregoing purposes, without the prior written consent of the disclosing party. The foregoing obligations of confidentiality shall not apply to: (i) Information which, at the time of disclosure is in the public domain; (ii) Information which, after disclosure, becomes part of the public domain through no fault of the receiving party; (iu) Information which was in the receiving party's possession at the time of disclosure; or (iv) Information,which is rightfully disclosed by a third party. XIII. COVENANT AGAINST CONTINGENT FEES SIGNATURE warrants that no individuals have been employed to solicit or secure this Contract upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the CITY the right to terminate this Contract or, at its discretion, to deduct from SIGNATLIRE's fee the amount of such commission,brokerage, or contingent fee. XIV. NONDISCRIlI�TATION In connection with the perforn�ance of work under this Contract, SIGNATURE agrees not to discriminate against any employee or applicant for employment because of race, s�, color, religion, age or national origin. SIGNATURE will take affirrnative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, color, religion, age, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. SIGNATURE further agrees to insert the foregoing provisions in all subcontracts made in connection with the services called for under this Contract. XV. SEVERABILITY If any provisions of this Contract shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the remainder of the Contract other than the portions determined to be invalid or unenforceable shall not be affected thereby, and each valid provision hereof shall be enforced to the fullest extent permitted by law.