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notice to the City. <br />7. Confidentiality 1 <br />I <br />ff TASC receives from the City information which due to the nature of suc I int{,nnation <br />is reasonably understood to be confidential and/or proprietary, TASC agrees that i shall not use <br />or disclose such information except in the performance of this Agreement, and fui her I'.grces to <br />exercise, the same degree of care it uses to protect its own information of like imp rtan e, but in <br />no event less than reasonable care. "Confidential Wormation" 'shalt include all t npublic <br />information. Confidential 'information includes not only written informati n, l ut also <br />information transferred orally, visually, electronically, or by other means. Confidential <br />information disclosed to either party by any subsidiary and/or avert of the other p rty i4 covered <br />by this AgrcernenL • The foregoing obligations of non-use add nondisclosure shad not) apply to <br />any information that (a) has beendisclosed in publicly available sources; (b) is, lh ougl no fault <br />of the TASC disclosed in a publicly available source; (c) is in.rightful possessio oft TASC <br />without an obligation of confidentiality; (d) is required to be disclosed by operat on Of law; or <br />(e) is independently developed by the TASC without reference to information di. cloy d by the <br />City. <br />8. Limitations of Warranties and Liabitities <br />A. Except as expressly set forth in this Agreement, TASC disclaims any ai d a�l express <br />warranties, warranties of fitness for a particular purpose and implied ,vanjanties of <br />merchantability.jl <br />F. TASC will not be liable for any loss of business or profits, or any <br />incidental, punitive, or similar damages, or, other than as set forth in <br />for claims of damages made by any third petty for any cause <br />25E-72 <br />