AIMS System and Services Agreement Page 26 of 60
11.3 Nondisclosure by County shall not apply to information that:
(a) Is or becomes known to the public without fault or breach on the part of
County;
(b) Contractor regularly discloses to third parties without restriction on
disclosure; or
(c) County receives from a party other than Contractor without restriction on
disclosure.
11.4 Notwithstanding anything to the contrary contained above or elsewhere in this
Agreement, County shall have the right to use the Licensed Software and Third
Party Software to provide access to the public to the data base, files or
information derived from the use of the Licensed Software and Third Party
Software and/or to generate reports from such data, files or information or to
provide such data, files or information on electronic media to the public where
required or allowed by the laws of the State of Florida or other laws allowing
disclosure by County. Contractor acknowledges and agrees that County is the
owner and custodian of its information and data, whether or not such is
electronically retained and regardless of the retention media and that the use of
the Licensed Software and Third Party Software in relation to such information or
data does not in any way restrict County in County's rights of disclosure of its
data and information.
ARTICLE 12
TESTING, ACCEPTANCE OR REJECTION OF THE SYSTEM
12.1 There shall be testing periods during which the System can be tested/used by
County. The purpose of the testing periods is to permit County to determine
whether the System has been properly installed as defined at that point in time
so that it:
12.1.1 Properly functions in accordance with the Agreement, Statement of Work
and Acceptance Criteria and provides the capabilities described therein;
12.1.2 Properly functions together with the operating Software, if any, and other
items as described in the Documentation so as to provide the functions
described in the Documentation;
12.1.3 Properly functions in accordance with the Documentation and provides
the capabilities described therein; and
12.1.4 Properly functions as a part of the Hardware configurations as agreed
upon, by and between Contractor and County.
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