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testing period statutory workmen's compensation as well as employer's liability insurance. b. CODA shall provide auto liability insurance for the Vehicles. 6. Maintenance. Evaluator shall perform all normal and routine maintenance on the Vehicles in accordance with CODA instruction. Evaluator shall notify CODA of any required maintenance or repair that is either high-frequency or outside of normal and routine maintenance. Evaluator shall notify CODA of any problem with the battery pack, and CODA will either repair or provide a replacement battery. Under no circumstances shall Evaluator attempt to repair pack or dissemble the battery pack. 7. Geographical and Use Limitation. Evaluator shall use the Vehicles solely for product evaluation and testing as contemplated in this Agreement and solely within the continental U.S. Evaluator will not use the Vehicles for rental, lease or any political purposes whatsoever. Evaluator will ensure that all drivers comply with all applicable traffic and safety laws. Evaluator will ensure the car is driven only in connection with testing and only by qualified employees or contractors who are licensed and insurable ("Authorized Drivers"). 8. Special Considerations. Evaluator understands that Vehicles may be pre-production prototypes and agrees to adhere to, and to ensure that all Authorized Drivers adhere to, each of the conditions set forth in the attached Exhibit B - Special Considerations. Evaluator further agrees to provide a copy of this Exhibit B to each Authorized Driver prior to the Vehicle being driven. 9. Excessive Vehicle Damaee. Evaluator agrees to exercise due care with its use of any Vehicle, returning the Vehicles to CODA in reasonably similar condition as when delivered to Evaluator, except for wear and tear contemplated by the testing. 10. Indemnification. Evaluator shall indemnify and hold harmless CODA from any and all loss, damage, claims, costs and expenses of every kind and nature, whether or not covered by insurance, that is caused by Evaluator's negligent use or operation of any Vehicle. This paragraph shall remain in effect notwithstanding the expiration of the term or the return of the Vehicles. CODA shall indemnify and hold harmless Evaluator from all loss, damage, claims, costs and expenses of every kind and nature, whether or not covered by insurance, .that is directly caused by a malfunction of any Vehicle and not caused by any negligence of the Evaluator or any of its drivers or agents. This paragraph shall remain in effect notwithstanding the expiration of the term or the return of the Vehicles. 11. Confidentiality. Evaluator agrees that all testing results, feedback and other information obtained from the testing and use of the Vehicles ("Confidential Information") is confidential and proprietary to CODA. Evaluator agrees to preserve and protect the confidentiality of the Confidential Information and all of its physical forms, whether disclosed before this Agreement is signed or afterward_ In addition, Evaluator will not disclose or disseminate the Confidential Information for its own benefit or for the benefit -2-