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GIS AGREEMENT THIS AGREEMENT, is between (a corporation) (individual) located in County of State of (“Applicant”) and the City of Cody, a municipal corporation located within the limits of Park County, State of Wyoming, (“City”). In consideration for the release of the information described in Schedule A, attached hereto and made part of this Agreement, and for other good and sufficient consideration, Applicant hereby warrants and agrees to the following: 1. Applicant shall pay to the City the fee established by City for the processing of this application by the City, for the use of the City’s Geographic Information System (“GIS”) and for the information furnished the Applicant as a product of said GIS (“Information”); such payment shall be made immediately upon receipt of the Information. It is understood by Applicant that said Information is being conveyed to applicant on a non-transferable, non-exclusive basis which Applicant shall use only for the specific purpose expressed in Schedule A. 2. Applicant recognizes that the Information provided hereunder contains valuable data and Applicant shall protect and hold in confidence all Information furnished to it by the City. Applicant shall have no rights of any kind whatsoever to publish, transfer, release, sell or give to third parties the Information conveyed to it hereunder. The Information shall not be assigned, licensed, pledged or sold to any other person. All such Information shall be kept in secure places, under access and use restrictions no less strict than those used by Applicant to protect its own similar, valuable, trade-secret information. Applicant shall not disclose any Information provided hereunder to any other person, firm or corporation (including any stockholder, partner or joint venturer or any parent, subsidiary or other affiliated corporation) unless otherwise approved in Schedule A and shall further restrict circulation of such Information within its own organization except to the extent necessary to fulfill Applicant’s stated purpose. Applicant shall notify the City immediately of any possession, use or knowledge of the Information by any person or organization not authorized to have such possession, use or knowledge, and shall furnish the City with full details of such unauthorized possession, use or knowledge. The City shall have sole and exclusive option to control and initiate any legal, equitable or administrative proceedings to protect the City’s rights and its legal or equitable remedies for breach of this Agreement. Applicant acknowledges that the City’s remedy of law is inadequate and that the City, without waiving any legal remedy, may seek and obtain equitable and injunctive relief. All provisions of this section shall survive the termination of the Agreement, whether by expiration or otherwise. 3. Applicant receives the Information recognizing that the City makes no warranty with respect to the Information whatsoever including, but not limited to, no warranty as to the accuracy of the Information. The City makes no warranty of fitness or merchantability, either express or implied, in regard to the Information provided Applicant hereunder. The Information is provided “as is” and with all false and/or discrepancies which may exist. There are no warranties extending beyond the face of this Agreement. The City shall not be liable for any damage or injury arising from any incomplete, incorrect, inaccurate or misleading Information. The City shall not be liable for any delay, no matter what the reason, in providing the Information to Applicant. 4. Applicant shall indemnify and hold harmless the City and its officers, employees and agents from and against all losses, claims, demand, actions, payments, costs, suits, liabilities, expresses and damages (including any damages that are direct, consequential or otherwise) whether or not caused by the negligence of the City or its officers, employees or agents which are in any way related to this Agreement or to the Information or to any use to which Applicant may put the Information. 5. Any breach by Applicant of any provision of this Agreement, including the unauthorized use or disclosure of the Information, shall entitle the City to terminate the Agreement. Upon termination of the Agreement, use of the Information shall immediately be discontinued and all copies of the Information, in any form, shall be returned to the City along with a certification by the Applicant that all copies or partial copies of the Information have been returned. Such action by Applicant, however, shall not limit the City’s remedies for Applicant’s breach of the Agreement or any unauthorized use of the Information. Applicant shall be liable to the City for any and all damages that the City may suffer by reason of such breach or unauthorized use. 6. Upon completion of the project or transaction for which the Information, and any updates thereto, were acquired, Applicant shall destroy all maps, drawings, and Information from its system and provide written confirmation to the Cody City Engineer. Failure to provide such written confirmation will constitute a breach of the Agreement. 7. The Agreement embodies the entire agreement between the Applicant and the City. The agreement shall be governed by the laws of the State of Wyoming. ---PAGE BREAK--- 8. APPLICANT ACKNOWLEDGES THAT IT HAS READ THE AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS, TOGETHER WITH EXECUTED SUPPLEMENTS, SCHEDULES, ATTACHMENTS AND/OR SPECIFICATIONS, IF ANY. DATED THIS DAY OF 2015. WITNESSED BY: APPLICANT BY Its Duly Authorized ---PAGE BREAK--- CITY OF CODY ENGINEERING DEPARTMENT 1338 RUMSEY AVE. CODY, WYOMING 82414 SCHEDULE APPLICANT'S GIS DATA REQUEST FORM SECTION 1 - USER DATA LOG DATE OF COMPANY NAME: CONTACT NAME: PHONE ( ) FAX ( ) EMAIL: ADDRESS: (STREET) (CITY) (STATE) (ZIP) SECTION II - SPECIFIC PURPOSE/FUNCTION OF DATA SECTION III - DATA DESCRIPTION- What Type of information do you need? - Aerial Tiles, Utilities locations, Land Tiles LOCATION: (Please describe specific areas you are requesting information on – i.e. streets/cross streets/addresses/lot & block TOPOLOGY: (Please identify which specific tiles you are requesting – use attached maps to identify tile numbers – (i.e. aerial tile # and land/utility tile number) OTHER PERTINENT INFORMTION: (Please identify which specific tiles you are requesting – (i.e. Sewer, Water, Electric(Please See the Electrical Engineer), Raw Water , or Storm Sewer) (Size, Material, depths and anything else.) You can also view the maps at City Hall to get necessary information. Sewer: Size: Material: Depth: Treated Water: Size: Material: Depth: Raw Water: Size: Material: Depth: Storm Sewer: Size: Material: Depth: ---PAGE BREAK--- DIGITAL MEDIA IT IS THE POLICY OF THE CITY OF CODY TO USE THE MOST CURRENT VERSION OF AUTOCAD. IF YOU ARE UNABLE TO CONVERT THE FILE WE ATTACH VIA E-MAIL, PLEASE GO TO HTTP://USA.AUTODESK.COM/ADSK/SERVLET/INDEX?ID=6703438&SITEID=123112 TO DOWNLOAD THE CONVERTER. Whole Any tile: $36.00, ½ Any tile: $18.00, ¼ Any tile: $9.00 Single Site lot plot: $6.00, CD’s of info: $10.00 PAYMENT INFORMATION: ( ) INVOICE TO ABOVE NAME & ADDRESS ( ) OTHER – PLEASE SPECIFY DATE DESIRED BY: The Engineering Department will no longer accept incomplete requests and ASAP’s. These requests need to be complete and have a date desired.