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<br />Page 20 of 25 <br />Consultant may retain copies of any original documents Consultant provides to the <br />Owner and a copy of any material collected from the Owner in Consultant’s <br />confidential files for the purpose of complying with applicable laws or established <br />company procedure regarding the preservation of business records. <br /> <br />41. REUSE OF PROJECT DOCUMENTS. Services and deliverables are for the exclusive <br />use of the Owner and are not to be relied upon by third parties. All reports, drawings, <br />specifications, documents, and other deliverables of Consultant, whether in hard copy or <br />in electronic form, are instruments of service for this Project, whether the Project is <br />completed or not. Upon full payment for services due under this Agreement, Consultant <br />agrees to grant to the Owner an irrevocable license to the instruments of service. <br /> <br />42. CONFIDENTIAL INFORMATION AND PUBLICITY. <br /> <br />A. Consultant agrees to hold in confidence the following confidential information <br />(“Confidential Information”): <br /> <br />(1) All information that the Owner discloses to Consultant; and <br /> <br />(2) All information to which Consultant gains access while providing services <br />under this Agreement. <br /> <br />B. Confidential Information does not include any information that Consultant can <br />demonstrate has been made available to the public (other than through a breach of this <br />Agreement). As between Consultant and the Owner, the Owner owns the Confidential <br />Information, and the Owner authorizes Consultant to use it only for purposes of <br />performing this Agreement. Consultant may also disclose the Owner’s Confidential <br />Information to the extent necessary to comply with law, provided Consultant gives <br />the Owner prior written notice. Upon the end date of this Agreement, Consultant must <br />destroy or return all Confidential Information to the Owner, at the Owner’s discretion, <br />and certify to the Owner, in writing, that it has done so; provided, however, such <br />destruction shall include, without limitation, the process of expunging, to the extent <br />reasonably practicable, all such Confidential Information from any computer, hard <br />drive, word processor, server, backup tape, or other electronic device containing such <br />Confidential Information. Notwithstanding the foregoing, Consultant may retain one <br />(1) archival copy of the Confidential Information in its confidential files for the <br />purpose of complying with applicable laws or established company procedure <br />regarding the preservation of business records. <br /> <br />C. Consultant must not make any public announcement, press release, or other writing <br />relating to the services under this Agreement without the Owner’s prior written <br />approval. <br /> <br />D. Consultant acknowledges it has received, or will receive, Confidential Information as <br />a necessary component of completing the work assigned by each Task Order. The <br />free flow of information from Owner to Consultant is necessary for Consultant to <br />provide accurate and timely work product. To ensure such a free flow of information,