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desires access to or disclosure of), any trade secrets of the Company or any <br /> • third party. <br /> B. Section 5A. shall not apply to any information: <br /> (i) Generally known in the trade or to the public <br /> through no fault of the EDA; or <br /> (ii) Disclosed to the EDA by any party having <br /> legitimate possession thereof and the unrestricted right to <br /> make such disclosure; or <br /> (iii) Hereafter published in any publication for public <br /> distribution or filed as public information with any <br /> governmental authority; or <br /> (iv) Required to be disclosed by applicable law or legal <br /> process with the exception of the Open Meeting Laws <br /> governing public boards and commissions; or <br /> (v) Within the EDA's legitimate possession prior to the <br /> Company's disclosure. <br /> 6. TERMS AND TERMINATION. <br /> 6.1. Term. The term of this Agreement shall be for a period <br /> • equal to the term of the Sublease attached herein as Exhibit A. Either party <br /> may terminate this Agreement with or without cause by providing written <br /> notice to the other party ninety (90) days prior to termination. The <br /> provisions in this Agreement calling for performance by any party after <br /> termination shall continue in full force and effect. <br /> 6.2. Termination by the EDA for Cause. The EDA may <br /> immediately terminate this Agreement, without providing any prior notice to <br /> the Company, for cause, defined as follows: <br /> A. The Company materially breaches any of the terms or <br /> conditions of this Agreement, the Sublease, or, and any other <br /> agreement in connection with the subject matter hereof, if such <br /> breach continues for ten (10) days after the EDA has provided <br /> the Company with written notice of the breach; or <br /> B. The Company intentionally engages in conduct or <br /> activities materially damaging to the EDA. <br /> 6.3. Termination by Company for Cause. The Company may <br /> immediately terminate this Agreement, without providing any prior notice to <br /> the EDA, for cause, defined as follows: <br /> • <br /> eda/doc/watagrmt 6 <br />