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8.5. Duration. Each Party's obligations with respect to Confidential Information shall continue for the term of this Agreement
<br />and for a period of five (5) years after termination of this Agreement, provided however, that with respect to Trade Secrets,
<br />each Party's obligations shall continue for so long as such Confidential Information continues to constitute a Trade Secret.
<br />8.6. Return of Confidential Information. Upon the written request of a Party (and except as otherwise specifically set forth in an
<br />applicable Order), each Party shall return or destroy (and certify such destruction in a signed writing) any of the other Party's
<br />Confidential Information unless retention of such Information is required by law, regulations, and/or an order from a court,
<br />regulator, tribunal or other authority that has jurisdiction over Agency or Provider.
<br />8.7. Injunctive Relief. In the event of a breach or a threatened breach of the confidentiality or privacy provisions of this
<br />Agreement, the non -breaching Party may have no adequate remedy in monetary damages and, accordingly, may seek an
<br />injunction against the breaching Party.
<br />8.8. Other. During the term of this Agreement and subject to approval by Agency, Agency agrees to serve as a reference for the
<br />Services, which may include (j) reference callswith mutually acceptable prospects; (ij) a published "success story" describing
<br />the partnership with Provider; (ill) the use of Agency's name in Provider marketing activities; or (Iv) a favorable reference
<br />of Provider to an industry analyst or at an industry conference.
<br />9. PROVIDER AUDIT RIGHTS.
<br />Agency understands and agrees that, in order to ensure Agency's compliance with the Agreement, as well as with applicable laws,
<br />regulations and rules, Provider's obligations under its contracts with its data providers, and Provider's internal policies, Provider
<br />may conduct periodic reviews of Agency's use of the Services and may, upon reasonable notice, audit Agency's records, processes
<br />and procedures related to Agency's use, storage and disposal of the Services and information received therefrom. Agency agrees
<br />to cooperate fully with any and all audits and to respond to any such audit inquiry within ten (10) business days, unless an
<br />expedited response is required. Violations discovered in any review and/or audit by Provider will be subject to immediate action
<br />including, but not limited to, invoicing for any applicable fees (if Services are based on number of users and Agency's use exceeds
<br />licenses granted), suspension or termination of the license to use the Services, legal action, and/or referral to federal or state
<br />regulatory agencies.
<br />10. REPRESENTATIONS AND WARRANTIES.
<br />Agency represents and warrants to Provider that Agency is fully authorized to disclose Reports, information, and related data or
<br />images to Provider in accordance with this Agreement and to grant Providerthe rights to provide the Services as described herein.
<br />Where redaction of Reports is required prior to provision to Provider, Agency represents and warrants it will redact applicable
<br />Reports consistent with all laws and regulations. In performing their respective obligations under this Agreement, each Party
<br />agrees to use any data and provide any Services, in strict conformance with applicable laws, regulations, and/or an order from a
<br />court, regulator, tribunal or other authority that has jurisdiction over Agency or Provider and consistent with the terms of this
<br />Agreement.
<br />11. LIMITATION OF WARRANTY.
<br />FOR PURPOSES OF THIS SECTION, "PROVIDER" INCLUDES PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES,
<br />AND DATA PROVIDERS. THE SERVICES PROVIDED BY PROVIDER ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS,
<br />IMPLIED, OR OTHERWISE, REGARDING ITS ACCURACY OR PERFORMANCE INCLUDING WITHOUT LIMITATION ANY IMPLIED
<br />WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ORIGINALITY, OR OTHERWISE, OF ANY
<br />SERVICES, SYSTEMS, EQUIPMENT OR MATERIALS PROVIDED HEREUNDER.
<br />12. INDEMNIFICATION.
<br />To the extent permitted under applicable law, each Party shall defend, indemnify, and hold harmless the other Party, its affiliates,
<br />and their officers, directors, employees, and agents (the "Indemnified Parties') against and from any and all losses, liabilities,
<br />damages, actions, claims, demands, settlements, judgments, and any other expenses (including reasonable attorneys' fees), which
<br />are asserted against the Indemnified Parties by a third party, but only to the extent caused by (i) violation of law in the
<br />performance of its obligations under this Agreement by the Indemnifying Party, its affiliates, or the officers, agents or employees
<br />of such Party (the "Indemnifying Parties"); (ii) the gross negligence or willful misconduct of the Indemnifying Parties during the
<br />term of this Agreement; (ill) violation, infringement or misappropriation of any U.S. patent, copyright, trade secret or other
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