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3.5. Job Openings. The Company agrees to post all job
<br /> • openings related to their warehouse, dist-Fibuticalr final assembly, and o2<7÷ 13
<br /> shipping/packaging with the Private Industry Council 5 at 657 Main Street
<br /> NW, Elk River, Minnesota 55330, Phone 441-5903, and the Company agrees
<br /> to keep a written record of all persons interviewed and hired by completing
<br /> the Notice to Employee attached as Exhibit B. The Company acknowledges
<br /> that a portion of the funds used to facilitate the Elk River Business Incubator
<br /> are provided from Federal Community Development Block Grants and as
<br /> such, the EDA and Company are required to meet certain standards for the
<br /> use of such funds.
<br /> 3.6. Vendor Contracts. The Company shall make available to
<br /> the EDA Executive Director, its vendor contracts. Such vendor contracts will
<br /> be used to provide opportunities to local manufacturing companies and
<br /> service providers in order to create and retain jobs in our community. The
<br /> Company is strongly encouraged to utilize local businesses in its
<br /> manufacturing and production of goods,'however the Company is allowed to
<br /> make the final decision on its own vendors at all times.
<br /> 4. INDEMNIFICATION. The Company shall indemnify and hold
<br /> harmless the EDA from any loss, damage, expense, liability, or claim,
<br /> including without limitation attorneys' fees and expenses of litigation, to
<br /> which such parties may become subject, as a result of any claim made
<br /> • against EDA, arising out of: (a) any failure of the Company to perform any of
<br /> its covenants, agreements or undertaking contained in this Agreement, the
<br /> lease of space, or in any other agreement executed in connection with the
<br /> transactions contemplated herein; or (b) any other action or inaction of the
<br /> Company, its directors, officers, employees, or designees, which action or
<br /> inaction is not a result of any fault on the part of the EDA.
<br /> 5. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION.
<br /> A. The EDA, Larry Hickman, and Genesis Portfolio
<br /> Partners, LLC agrees that during the term of this Agreement and for a
<br /> period of two (2) years immediately thereafter, it shall not, other than to EDA
<br /> Commissioners, and in a non-public format, disclose to any individual, firm,
<br /> corporation, partnership, or other business entity, or use for its own financial
<br /> gain or benefit, any Confidential Information (defined below), that it obtained
<br /> during the term of this Agreement. "Confidential Information" shall mean
<br /> any and all information (other than trade secrets) relating to the Company's
<br /> business provided to the EDA, Larry Hickman, and Genesis Portfolio
<br /> Partners, LLC during the term of this Agreement or to which the EDA, Larry
<br /> Hickman, and Genesis Portfolio Partners, LLC had access or which it
<br /> compiled during the term of this Agreement, not generally known to the
<br /> • public, and with respect to which (i) the Company has clearly indicated to the
<br /> EDA, Larry Hickman, and Genesis Portfolio Partners, LLC that such
<br /> information is confidential and proprietary, or (ii) the Company has provided
<br /> written notice to the EDA, Larry Hickman, and Genesis Portfolio Partners,
<br />
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