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DocuSign Envelope ID: CB13659F-2459-4F6F-SE37-AA4811D1C7BA 6. Confidentiality, In connection with this Agreement, either party (the "Disclosing Party") may from time to time disclose to the other party (the "Receiving Party") certain information regarding the business, products, or services of the Disclosing Party and its suppliers that the Disclosing Party designates as confidential or which a reasonable person would understand to be confidential or proprietary based on the nature of such Information ("Confidential Information"). Without limitation, Confidential Information may include technical data, marketing materials, financial information, employee information, and business plans. The Receiving Party will not use any Confidential Information of the Disclosing Party for any purpose not expressly permitted by the Agreement, and will disclose the Confidential Information of the Disclosing Party only to the employees or contractors of the Receiving Party, and in the case of Mobile Citizen only, its affiliated companies, who have a need to know such Confidential Information for purposes of the Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party's duty hereunder. The Receiving Party will protect the Disclosing Party's Confidential Information from unauthorized use, access, or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. The Receiving Party's obligations under this Section with respect to any Confidential Information of the Disclosing Party will terminate if such information: (a) was already known to the Receiving Party at the time of disclosure by the Disclosing Party; (b) was disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the Receiving Party has become, generally available to the public; or (d) was independently developed by the Receiving Party without access to, or use of, the Disclosing Party's Confidential Information. In addition, the Receiving Party will be allowed to disclose Confidential Information of the Disclosing Party to the extent that such disclosure is (1) approved in writing by the Disclosing Party, (11) necessary for the Receiving Party to enforce its rights under the Agreement in connection with a legal proceeding; or (ill) required by law or by the order of a court of similar judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party of such required disclosure promptly and In writing and cooperates with the Disclosing Party, at the Disclosing Party's request and expense, in any lawful action to contest or limit the scope of such required disclosure. The Receiving Party will return to the Disclosing Party or destroy all Confidential Information of the Disclosing Party in the Receiving Party's possession or control and permanently erase all electronic copies of such Confidential Information promptly upon the written request ofthe Disclosing Party upon the expiration or termination of the Agreement. The Receiving Party will certify In a writing signed by an officer of the Receiving Party that it has fully complied with its obligations under this Section. 7. Representations and Warranties; Disclaimer. (a) Customer represents and warrants that: (i) it is a non-profit or social welfare organization or educational institution and will only allow persons who are current Permitted Users access to Subscriptions; (ii) it is listed on http://www2.guidestar.org (or, if not listed, has otherwise been approved in writing by Mobile Citizen); (ill) it has requisite authority to enter into this Agreement; (iv) all information provided to Mobile Citizen will be accurate, complete and current; (v) it will not make or publish any representations, warranties or guarantees on behalf of Mobile Citizen Parties (defined below) or the Provider concerning the availability, performance or functionality of the Service other than as set forth in Section 4, above; and (vi) it will keep Mobile Citizen Informed of any problems and resolutions with the Service. (b) Equipment Warranty & Replacement. Mobile Citizen warrants that for a period of nine (9) calendar months from the date Mobile Citizen ships the Equipment (the "Warranty Period"), the Equipment will be free from defects in design, workmanship, construction and material (the "Equipment Warranty"). The foregoing Equipment Warranty is only valid to the Customer and its 100111101.14