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• 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 arising out of: (a) any failure of the <br /> Company to perform any of its covenants, agreements or undertaking <br /> contained in this Agreement, the lease of space, or in any other agreement <br /> executed in connection with the transactions contemplated herein; or (b) any <br /> other action or inaction of the Company, its directors, officers, employees, or <br /> designees, which action or inaction is not a result of any fault on the part of <br /> the EDA. <br /> 5. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION. <br /> A. The EDA agrees that during the term of this Agreement <br /> • and for a period of two (2) years immediately thereafter, it shall not, other <br /> than to EDA Commissioners, and in a non-public format, disclose to any <br /> individual, firm, corporation, partnership, or other business entity, or use for <br /> its own financial gain or benefit, any Confidential Information (defined <br /> below), that it obtained during the term of this Agreement. "Confidential <br /> Information" shall mean any and all information (other than trade secrets) <br /> relating to the Company's business provided to the EDA during the term of <br /> this Agreement or to which the EDA had access or which it compiled during <br /> the term of this Agreement, not generally known to the public, and with <br /> respect to which (i) the Company has clearly indicated to the EDA that such <br /> information is confidential and proprietary, or (ii) the Company has provided <br /> written notice to the EDA confirming that such information is confidential <br /> and proprietary. The Company agrees and acknowledges that it will not be <br /> required by this Agreement to disclose to the EDA (and the EDA neither <br /> 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 /> eda/doc/masagrmt 5 <br />