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notice to the City. ' <br />7. Confidentiality +(I <br />I <br />ff TASC receives from the City information which due to the nature ofsu ittt rmation <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 ruher Ila.;rees 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 Information" shall include ll r nP ublic <br />information. Confidential information includes not only written informati n, llut also <br />information transferred orally, visually, electronically, or by other means. Confidential <br />information disclosed to either party by any subsidiary and/or agent of the other p rty i covered <br />by this AgreernenL. The foregoing obligations of non-use and nondisclosure shad not apply to <br />any information that (a) has beendisclosed in publicly available sources; (b) is, th ougl no fault <br />of the TASC disclosed in a publicly available source; (c) is in.rightful possession of t e TASC <br />without an obligation of confidentiality; (d) is required to be disclosed by opera[ on df law; or <br />(e) is independently developed by the TASC without reference to information di. cloy d by the <br />City. <br />S. Lfmitatfons of Warranties and Liabilities <br />A. Except as expressly set forth in this Agreement, TASC disclaims any ai d all express <br />I <br />warranties, warranties of fitness for a particular purpose and implied wanianties of <br />merchantability. <br />B. TASC will not be liable for any loss of business or profits, or any <br />incidental, punitive, or similar damages, or, orher than asset furtli in this <br />for claims of damages made by any third party tar any ;:cruse <br />4 <br />25E-72 <br />