|
Placer will use commercially reasonable efforts to provide customer service and technical support in connection with
<br />the Services on weekdays during the hours of 9:00 A.M. through 5:00 P.M. Pacific Time, with the exclusion of
<br />federal holidays. For any such support, please contact us at support@placer.ai.
<br />6. Mutual NDA.
<br />Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may
<br />disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred
<br />to as "Proprietary Information" of the Disclosing Party). Proprietary Information of Placer includes, without
<br />limitation, non-public information regarding features, functionalities and performance of, and pricing for, the
<br />Services. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and
<br />(ii) not to use (except in performance of the Services or as otherwise permitted by the Agreement) or disclose to any
<br />third party any Proprietary Information except as may be required by the Texas Public Information Act. The
<br />foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes
<br />generally available to the public, (b) was in the possession of or known to the Receiving Party, prior to disclosure
<br />thereof by the Disclosing Party, without any restrictions or confidentiality obligations, (c) was rightfully disclosed to
<br />it, without any restrictions or confidentiality obligations, by a third party, (d) was independently developed without
<br />use of any Proprietary Information of the Disclosing Party, or (e) is required to be disclosed by law, provided that the
<br />Receiving Party provides the Disclosing Party with prompt written notice of such requirement and reasonably
<br />cooperates with the Disclosing Party to limit or challenge such requirement. These provisions regarding Proprietary
<br />Information shall apply in perpetuity and shall survive any termination of the Order Form or the Agreement.
<br />7. Miscellaneous.
<br />All notices under the Order Form and the Agreement will be in writing and will be deemed to have been duly given
<br />(a) upon delivery by a recognized delivery service (e.g., FedEx) with delivery confirmation, (b) upon receipt, if sent
<br />by U.S. certified or registered mail, return receipt requested, or (c) when sent via email, if sent during normal business
<br />hours of the recipient, and on the next business day if sent after normal business hours of the recipient. Notices shall
<br />be sent to the addresses set forth in the Order Form, which addresses may be subsequently modified by written notice
<br />given in accordance with these provisions.
<br />Customer grants Placer the right to use Customer's company name and company logo, for Placer's promotional
<br />purposes.
<br />8. MANDATORY ANTIBOYCOTT„AND ., OTHER PROVISIONS. Contractor acknowledges this Agreement may be
<br />terminated and payment withheld if this certification is inaccurate. Pursuant to Section 2271.002 of the Texas Government
<br />Code, Contractor certifies that either (i) it meets an exemption criterion under Section 2271.002; or (ii) it does not boycott
<br />Israel and will not boycott Israel during the term of the Agreement. Contractor acknowledges this Agreement may be
<br />terminated and payment withheld if this certification is inaccurate. Pursuant to SB 13, 871 Texas Legislature, Contractor
<br />certifies that either (i) it meets an exemption criterion under SB 13, 87' Texas Legislature; or (ii) it does not boycott energy
<br />companies, as defined in Section 1 of SB 13, 87' Texas Legislature, and will not boycott energy companies during the term
<br />of the Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification
<br />is inaccurate. Pursuant to SB 19, 87' Texas Legislature, Contractor certifies that either (i) it meets an exemption criterion
<br />under SB 19, 87' Texas Legislature, or (ii) it does not discriminate against a firearm entity or firearm trade association, as
<br />defined in Section 1 of SB 19, 87' Texas Legislature, and will not discriminate against a firearm entity or firearm trade
<br />association during the term of this Agreement. Contractor acknowledges this Agreement may be terminated and payment
<br />withheld if this certification is inaccurate. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Contractor
<br />certifies that Contractor is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Contractor
<br />acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.
<br />CON -021782
<br />
|