Reso 2026-3965 - Laserfiche WebLink

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kw� or to the rights or duties of the parties under this Agreement. Prior to and as a condition of either Parry's filing suit in state or federal court, the Parties shall engage in non -binding mediation conducted under the auspices of JAMS or other mutually agreeable dispute resolution service and in accordance with the Florida Rules of Court. The Parties shall mediate in good faith until settlement is reached or an impasse is declared by the mediator. 12. SECURITY. Sharp Performance may, from time to time, host and/or maintain a Platform using a third -party technology service provider. The Department acknowledges that Sharp Performance cannot offer any additional or modified procedures other than those put in place by such technology provider with respect to such technology service. 13. PUBLICITY. The Department/Customer acknowledges that Sharp Performance may disclose the existence and terms and conditions of this Agreement to its advisors, actual and potential sources of financing and to third parties for purposes of due diligence. 14. PUBLIC RECORDS. Sharp Performance shall be required to comply with the following requirements under Florida's Public Records Law: A. Sharp Performance shall keep and maintain public records required by the Customer to perform the service. B. Upon written request from the Customer, SHARP shall provide the Customer with a copy of the requested records within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Sharp Performance shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Sharp Performance does not transfer the records to Customer. D. Upon written request, Sharp Performance shall, upon completion of the contract, transfer, at no cost, to the Customer all public records in possession of Sharp Performance or keep and maintain public records required by Customer to perform the service. If Sharp Performance transfers all public records to Customer upon completion of the contract, upon written request, Sharp Performance shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Sharp Performance keeps and maintains public records upon completion of the contract, Sharp Performance shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Sharp Performance to Customer, upon written request from Customer in a format that is compatible with the information technology systems of Customer. Notwithstanding the above, neither party shall be required to erase, delete, alter or destroy back-up media made in the ordinary course of business. IF SHARP PERFORMANCE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SHARP PERFORMANCE'S DUTY TO PROVIDE Page 10 of 14