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<br />9.4 Delivery of Confidential Information
<br />
<br />All reports, drawings, tracings, specifications, calculations, data, correspondence, memoranda,
<br />notes and other information or material (including all copies and excerpts thereof) pertaining to
<br />the Services and containing Confidential Information which come into the Company's
<br />possession or custody or which are prepared or compiled by the Company at any time during the
<br />term of this Agreement in connection with the provision of the Services, shall be delivered to
<br />Cass or Fargo, as the case may be, within three business days after written requires from Cass or
<br />Fargo, as the case may be, when no longer needed by the Company to perform the Services or at
<br />any time upon the request of Cass or Fargo, as the case may be" but in any event upon
<br />termination of this Agreement. Such reports, drawings, tracings, specifications, calculations,
<br />data, correspondence, memoranda, notes and other information or material (including all copies
<br />or excerpts thereof) shall at all times be the property of Cass or Fargo, as the case may be, and
<br />shall not be used by the Company for any other work or purpose nor shall the Company permit
<br />such use by others. The Company hereby assigns to Cass or Fargo, as the case may be, any
<br />copyright it may have in any reports, drawings, specifications, calculations, data,
<br />correspondence, memoranda, notes and other information and materials and covenants it shall
<br />obtain a similar assignment of copyright from its agents and subcontractors with respect to same.
<br />
<br />9.5 Need to Know
<br />
<br />The Company shall restrict the knowledge of all Confidential Information regarding the Services
<br />to those individuals who are directly connected with the performance of the Services and need
<br />such knowledge for the performance of the Services or as may be required by court order or
<br />governmental procedure.
<br />
<br />9.6 Notification
<br />
<br />The Company shall immediately and fully notify Fargo Cass of any request for information,
<br />subpoena, search warrant or other process of law pertaining to Confidential Information, the
<br />Services performed and the results thereof and without disclosing such, shall afford Fargo Cass
<br />with reasonable opportunity to attempt to obtain an injunction or other protective order
<br />preventing such disclosure.
<br />
<br />9.7 No Advertising
<br />
<br />The Company shall not publish, publicize, advertise or otherwise divulge the existence of this
<br />Agreement or any facts pertaining to the Services without the prior written consent of Fargo Cass
<br />except to its legal, financial and other advisors and to lenders and purchasers and investors
<br />whether current or prospective.
<br />
<br />9.8 Disclosure by Fargo Cass
<br />
<br />Fargo Cass may provide any reports, drawings, tracings, specifications, calculations, data,
<br />correspondence, memoranda, notes and other information and materials received from the
<br />Company pertaining to the Services to its legal, financial and other advisors and to lenders and
<br />purchasers, whether current or prospective.
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