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records and files will be available only to CITY. PHX cannot guarantee against loss or <br />alteration of computer records, but will take reasonable precautions to prevent such occurrences. <br />PHX will hold all CITY data in strict confidence and shall not provide any data to any other <br />party unless directed by CITY in writing or as ordered by any Lawful Agency. <br /> <br />9.0 SECTION HEADINGS <br />Section headings appearing in this Agreement are inserted for convenience of reference only and <br />shall not be construed to be interpretations of text. <br /> <br />10.0 MI$CELLANEOUS <br /> <br />1O, 1 This Agreement shall be governed and construed in accordance with the laws of the State <br />of California. <br /> <br />10.2 The waiver of any breach of any provision of this Agreement shall not constitute a waiver <br />of any subsequent breach of the same or other provisions in this Agreement. <br /> <br />10.3 If any provision of this Agreement shall not be enforceable, the remainder of this <br />Agreement shall remain in full force. <br /> <br />10,4 All provision of this Agreement shall be binding upon both parties. <br /> <br />10.5 The Agreement contains the entire understanding between PHX and CITY with respect <br />to citation processing, and upon the commencement date, supersedes and replaces and all prior <br />agreements, negotiations, proposals, or representations regarding warranty or Services. <br /> <br />10.6 PHX agrees that it is an independent contractor and that it's officers and employees are not <br />employees of CITY, nor are they enti~ed to any benefits as CITY employees as a result of the <br />execution of this contract. <br /> <br /> 5 <br /> <br /> <br />