i. Contract approval - Laserfiche WebLink

9.6 Notification The Company shall immediately and fully notify Fargo/Cass/West Fargo of any request for information, subpoena, search warrant or other process of law pertaining to Confidential Information, the Services performed and the results thereof and without disclosing such, shall afford Fargo/Cass/West Fargo with reasonable opportunity to attempt to obtain an injunction or other protective order preventing such disclosure. 9.7 No Advertising The Company shall not publish, publicize, advertise or otherwise divulge the existence of this Agreement or any facts pertaining to the Services without the proper written consent of Fargo/Cass/West Fargo to its legal, financial and other advisors and to lenders and purchasers and investors whether current or prospective. 9.8 Disclosure by Fargo/Cass/West Fargo Fargo/Cass/West Fargo may provide any reports, drawings, tracings, specifications, calculations, data, correspondence, memoranda, notes and other information and materials received from the Company pertaining to the Services to its legal, financial and other advisors and to lenders and purchasers, whether current or prospective. 9.9 No Communications with Governmental Authority The Company shall not communicate with any Governmental Authority concerning the Services without Fargo/Cass/West Fargo's prior approval, except as provided by Law. 9.10 Open Records Requirements Notwithstanding any of the foregoing, the Parties recognize that Fargo/CasslWest Fargo are subject to open records law and requirements of the state of North Dakota and/or the government ofthe United States of America, which govern the Parties. ARTICLE 10 Force Majeure 10.1 Events of Force Majeure Either party shall be excused from performance of its obligations under this Agreement, other than payment of monies when due, in the event and to the extent that such performance is delayed or prevented by any cause or vent beyond the reasonable control of such party (individually, an "Event of Force Majeure" or "Event"), including, but not limited to, any act of God or ofthe public enemy, war, insurrection, riot, civil disturbance, labor dispute, fire, flood, washout, storm, landslide, explosion, embargo, or an act or order of any military or civil authority (including courts). Within a reasonable period of time after a party determines that an Event of Force Majeure exists which delays or prevents the performance of its obligations under this Agreement, such party shall give the other party notice thereof, and such party shall use all reasonable efforts to eliminate such Event insofar as possible with - 14- C:\Docurnents and Settings\worden\Local Settings\Ternporary Internet Files\OLK658\Ernergency Response Services Agreernent.doc