6.0. EDSR 02-10-1997 - Laserfiche WebLink

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contained in this Agreement, the lease of space, or in any other agreement executed in connection with the transactions contemplated herein; or (b) any other action or inaction of the Company, its directors, officers, employees, or designees, which action or inaction is not a result of any fault on the part of the EDA. 5. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION. A. The EDA agrees that during the term of this Agreement and for a period of two (2) years immediately thereafter, it shall not, other than to EDA Commissioners, and in a non-public format, disclose to any individual, firm, corporation, partnership, or other business entity, or use for its own financial gain or benefit, any Confidential Information (defined below), that it obtained during the term of this Agreement. "Confidential Information" shall mean any and all information (other than trade secrets) relating to the Company's business provided to the EDA during the term of this Agreement or to which the EDA had access or which it compiled during the term of this Agreement, not generally known to the public, and with respect to which (i) the Company has clearly indicated to the EDA that such information is confidential and proprietary, or (ii) the Company has provided written notice to the EDA confirming that such information is confidential and proprietary. The Company agrees and acknowledges that it will not be required by this Agreement to disclose to the EDA (and neither desire access • to or disclosure of), any trade secrets of the Company or any third party. B. Section 5A. shall not apply to any information: (i) Generally known in the trade or to the public through no fault of the EDA; or (ii) Disclosed to the EDA by any party having legitimate possession thereof and the unrestricted right to make such disclosure; or (iii) Hereafter published in any publication for public distribution or filed as public information with any governmental authority; or (iv) Required to be disclosed by applicable law or legal process with the exception of the Open Meeting Laws governing public boards and commissions; or (v) Within the Parties legitimate possession prior to the Company's disclosure. 6. TERMS AND TERMINATION. 6.1. Term. The term of this Agreement shall be for a period • equal to the term of the Lease attached herein as Exhibit A. Either party may terminate this Agreement with or without cause by providing written notice to the other party ninety (90) days prior to termination. The