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<br />Fargo and/or the Company in complying with federal and state environmental laws. Fargo/CasslWest
<br />Fargo agrees that Company shall have no responsibility with respect to Fargo/Cass/West Fargo's use
<br />of any of the documentation or the information contained therein other than as specifically
<br />contemplated by this Agreement.
<br />
<br />9.3 Confidentiality
<br />
<br />Recognizing the trust and confidence that Fargo/CasslWest Fargo has placed in the Company by this
<br />Agreement, the Company shall, unless otherwise required by law, treat and maintain as the
<br />confidential property of Fargo/CasslWest Fargo, as the case may be, and not use or disclose to others
<br />during or subsequent to the performance of the Services any information (including any organizational,
<br />technical or financial information, experience, or data) regarding plans, programs, practices, contracts,
<br />business relationships, costs, equipment, operations, customer of Fargo/Cass/West Fargo, as the case
<br />may be, or other information which may be provided to or obtained by the Company in the
<br />performance of or in connection with the provision ofthe Services, including without limitation
<br />instructions or advice given by Fargo/Cass/West Fargo, as the case may be, at the site of a Release of
<br />Dangerous Product, without in each instance securing the prior written approval ofFargo/Cass/West
<br />Fargo, as the case may be, (such information described in this section is referred to as the
<br />"Confidential Information") or as may be required by court order or governmental procedures.
<br />
<br />9.4 Delivery of Confidential Information
<br />
<br />All reports, drawings, tracings, specifications, calculations, data, correspondence, memoranda, notes
<br />and other information or material (including all copies and excerpts thereof) pertaining to the Services
<br />and containing Confidential Information which come into the Company's possession or custody or
<br />which are prepared or compiled by the Company at any time during the term ofthis Agreement in
<br />connection with the provision of the Services, shall be delivered to Fargo/Cass/West Fargo, as the case
<br />may be, when no longer needed by the Company to perform the Services or at any time upon the
<br />request of Fargo/Cass/West Fargo, as the case may be, but in any event upon termination of this
<br />Agreement. Such reports, drawings, tracings, specifications, calculations, data, correspondence,
<br />memoranda, notes and other information or material (including all copies or excerpts thereof) shall at
<br />all times be the property of Fargo/Cass/West Fargo, as the case may be, and shall not be used by the
<br />Company for any other work or purpose nor shall the Company permit such use by others, The
<br />Company hereby assigns to Fargo/CasslW est Fargo, as the case may be, any copyright it may have in
<br />any reports, drawings, specifications, calculations, data, correspondence, memoranda, notes and other
<br />information and materials and covenants it shall obtain a similar assignment of copyright from its
<br />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 to
<br />those individuals who are directly connected with the performance ofthe Services and need such
<br />knowledge for the performance of the Services or as may be required by court order or governmental
<br />procedure.
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