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THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE LIMITED OR EXCLUDED BY LAW (IN WHICH EVENT THE LIMITATION WILL BE THE MINIMUM AMOUNT REQUIRED BY LAW). 6. GENERAL 6.1. Confidentiality. During the course of providing Support Services, Professional Services and other products or services hereunder, Company may have access to confidential and proprietary information and materials of Customer ("Confidential Information"). Confidential Information includes and is not limited to, information related to past, present or future research, development or business affairs, any proprietary products, software, materials or methodologies, trade secrets or any other information which provides Company with a competitive advantage. Confidential Information shall be used by Company only in conjunction with the provision or performance of Support Services and other services and products hereunder and shall not be disclosed to any third party. No rights or licenses under patents, trademarks or copyrights are granted or implied by any disclosure of Confidential Information. Upon Customer's request or completion or termination of this Agreement, Company shall return all Confidential Information to Customer. Company shall only disclose Customer Confidential Information to subcontractors, employees, officers, directors ar affiliates (collectively, "Affiliated Persons") who have a need to know such Customer Confidential Information in order to perform or provide the Support Services or other products or services for Customer related to Customer's systems, provided that such Affiliated Persons are subject to written confidentiality obligations with Company protecting Customer's Confidential Information. 6.2. Independent Contractors. Neither party is an employee, agent or representative of the other party. Neither party shall have any right, power, or authority to enter into any agreement for or on behalf of the other party, or to incur any obligation or liability or otherwise bind the other party. This agreement does not create an association, joint venture, or partnership between the parties nor imposes any partnership liability upon either party. 6.3. Termination. Company shall have the right to modify, reject, or terminate any SOW or SSA and any related work in process with thirty (30) days written notice to Customer. 6.4. Cancellation. Customer or Company may cancel this Agreement for any reason at any time upon providing the other Party thirty (30) days advance written notice of intent to terminate this Agreement. 6.5. Default. Upon and during a Customer Default as defined in this subsection, Company in its sole discretion may suspend Support Services and other services it provides under this Agreement, and/or bill for Support Services at then -applicable T&M Rates for such services performed, and/or suspend all credit and perform on a cash -only basis, and/or pursue any other legal or equitable remedies available. 6.5.1. A "Customer Default" includes: 6.5.1.1. Customer's failure to meet any undisputed payment obligation under this Agreement or any other agreement between Company and Customer, which failure continues for ten (10) business days after date of written notice of such failure, or 6.5.1.2. Customer's failure to perform any other material condition or material obligation under this Agreement or any other agreement between Company and Customer, which failure continues for forty-five (45) days after date of written notice specifying the nature of such failure and Customer then fails to continue to diligently cure such failure. If Company terminates this Agreement under this subsection, Customer shall be liable for any and all outstanding charges up to the date of termination. 6.6. Force Maieure. Neither party shall be liable or otherwise responsible for any nonperformance or delay in performance of any of obligations under this Agreement during any period in which performance is prevented or hindered by any Force Maj eure event, including by way of example but without limitation, lightning strike and any other acts of God, fire, flood and other severe catastrophic weather conditions, pandemic, war, embargo, union strikes, explosions or riots. 6.7. Cost of Collection. Customer shall be liable for any reasonable expenses incurred by Company in collecting any amount due under this Agreement and any Orders, or in enforcing any obligation under PH MSA Page 4 of 8 Rev. 4.30.2022