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ARTTCLE 4 <br />ADDITIONAL COVENANTS O T11F PARTIES <br />4.t Confidentiality. <br />(a) Each party acknowledges that all int'ormation and trade secrets relating to any of the <br />other party's products and the services hercumlcr, including, without limitation, pricing, software, business and <br />financial information, marketing and promertion plans, any changes or improvements therein, including ally <br />cost savings measures, is the confidential and proprietary information of such other party ("Confidential <br />Infgrm rtiop"). Except as othct-wise set out herein, neither party shall disclose any Confidential infirmation of <br />the other party to any third party or use it for its own benefit or the benefit of a third party, and each party shall <br />take all commercially reasonable measures to protect the confidentiality of Contidentia€ Information of the <br />other party and prevent its disclosure to others. <br />(b) Each party may disclose the Confidential Inforination of the disclosing party to its <br />affiliates and their respective: employees and agents who are directly involved in kite perlorinance irf this <br />Agreement, who have a need to know and will) are obligated to honor the restrictions on disclosure and asc of <br />,inch Confidential Information set forth in this Agreement (tire persons to whom such disclosure is permissible <br />being collectively known as " Represent ttive:s_"). tiach party shall be responsible for any breach of this <br />Swim 4.1 by its Representatives. The parties ,hail not disclose, without the prior written consent of tthe <br />disclosing party, any of such disclosing party's Confidential Information that it has learned either during the <br />comrse o; this Agreement or in discussions and proposals leading tip to this Agreenicut, except as may be <br />required by Law. The parties shall not use the Confidential Information of a disclosing party for any purpose <br />other than that for which it was disclosed. <br />(c) All Confidential Information of Parkmobile and Client shall retrain the property of <br />each respective party. Upon any termination or expiration of this Agreement, each party shafl return to the <br />other party the other party's original version of all Confndemial Information of such other party in document <br />form, including any electronic media version, such as CD-ROM or computer disk, and shall confirm to such <br />otter party in writing that all such documents and things have been so provided and that all copies thereof <br />have been destroyed subject to compliance with applicable Law, I tie foregoing shall not apply to any. <br />Confidential Information that is in the public domain without breach of this Agreement, Confidential <br />Information that a party can demonstrate was known prior to receipt farm the other party or Confidential <br />Information that was subsequently received from a third patty without any obligation of confidentiality to the <br />other party. <br />(d) To the extent any party determines it necessary or advisable to file a copy of this <br />Agreement with a governmental agency, including the United States Securities and Exchange Commission, or <br />otherwise in accordance with I_aw, that party and its counsel shall work with the non -disclosing party and its <br />counsel to obtain confidential treatment of relevant portions of this .Agreemcnt, including, without limitation, <br />product and service specifications and pricing, information.. <br />(e) Each party agrecs that irreparable damage would occur, and that monetary damages <br />would be an insufficient remedy- at law, in tine event that any (if the provisions of this Section 4.1 were not <br />performed by the other patty in accordance with the terms hereof and that the each party shall be entitled to <br />specific perfon mance of the terms herco f, in addition to any other remedy at law or equity. <br />(f) Each party's obligation with respect to the Confidential Information of a disclosing <br />paiYy shall expire three (3) years after the termination or expiration of this Agreement, p ovided, however, that <br />each party's obligations with respect to the trade secrets of a disclosing party shall remain in effect throughout <br />the Term and at all times thereafter_ but only for so long as such information remains it trade secret. <br />