Common use of CONFIDENTIAL INFORMATION AND PROPRIETARY DATA Clause in Contracts

CONFIDENTIAL INFORMATION AND PROPRIETARY DATA. All information of a business nature disclosed by either party to the other in connection with the Agreement is confidential, including Security Devices and the Security Procedures (the “Confidential Information”). Neither party shall without the express written consent of the other, disclose or permit access to any such Confidential Information by any person, firm or corporation and each party shall cause its officers, employees, and agents to take such action as shall be necessary or advisable, to preserve and protect the confidentiality of disclosing such Confidential Information to persons required to have access thereto for the performance of the Agreement, or to any other party to which FMB may be required by law to report such information. You agree to hold confidential and to use only in connection with the Services provided under the Agreement all information furnished to you by FMB or by third parties from whom FMB has secured the right to use the Services, including, but not limited to, FMB’s product and service pricing structure, system design, programming techniques or other unique techniques. FMB and your obligations and agreements under this paragraph shall not apply to any information supplied that: was known to either party prior to the disclosure by the other, or is or becomes generally available to the public other than by breach of the Agreement, or otherwise becomes lawfully available on a non-confidential basis from a third party who is not under an obligation of confidence to either party. Notwithstanding anything to the contrary contained herein, it is authorized and agreed by the parties hereto that the performance of said Services is or might be subject to regulation and examination by authorized representatives of federal and state banking regulators, and you agree to the release of ’your reports, information, assurances, or other data as may be required by them under applicable laws and regulations. The circumstances under which FMB will disclose information about you or your accounts has been separately disclosed in FMB’s Privacy Policy and in other disclosures which have been provided. FMB’s Privacy Policy may change from time to time and is available online and at banking locations. You have a nonexclusive, nontransferable license to use FMB’s services, user manuals and other implementation and reference guides and manuals, as in effect from time to time, and all other material and associated documentation that FMB supplies to you pursuant to the Agreement (collectively, “Proprietary Data”). You acknowledge that you are not purchasing title to the Proprietary Data and the Proprietary Data constitutes trade secrets; Customer will use reasonable care to keep the Proprietary Data confidential and will not disclose any Proprietary Data to any person. The obligation to keep the Proprietary Data confidential shall survive termination of the Agreement. You will not use, make or have made, any additional copies of the Proprietary Data, or any part of it, without obtaining the prior written consent of an officer of FMB. You will not remove any identifying marks or copyright marks in or on the Proprietary Data. Upon the termination of the Agreement, you may be required to return all the Proprietary Data to FMB or certify to FMB that it has destroyed all copies of the Proprietary Data in your possession.

CONFIDENTIAL INFORMATION AND PROPRIETARY DATA. All information of a business nature disclosed by either party to the other in connection with the Agreement is confidential, including Security Devices and the Security Procedures (the “Confidential Information”). Neither party shall without the express written consent of the other, disclose or permit access to any such Confidential Information by any person, firm or corporation and each party shall cause its officers, employees, and agents to take such action as shall be necessary or advisable, to preserve and protect the confidentiality of disclosing such Confidential Information to persons required to have access thereto for the performance of the Agreement, or to any other party to which FMB First Merchants Bank may be required by law to report such information. You agree to hold confidential and to use only in connection with the Services provided under the Agreement all information furnished to you by FMB First Merchants Bank or by third parties from whom FMB First Merchants Bank has secured the right to use the Services, including, but not limited to, FMBFirst Merchant Bank’s product and service pricing structure, system design, programming techniques or other unique techniques. FMB First Merchants Bank and your obligations and agreements under this paragraph shall not apply to any information supplied that: was known to either party prior to the disclosure by the other, or is or becomes generally available to the public other than by breach of the Agreement, or otherwise becomes lawfully available on a non-confidential basis from a third party who is not under an obligation of confidence to either party. Notwithstanding anything to the contrary contained herein, it is authorized and agreed by the parties hereto that the performance of said Services is or might be subject to regulation and examination by authorized representatives of federal and state banking regulators, and you agree to the release of ’your reports, information, assurances, or other data as may be required by them under applicable laws and regulations. The circumstances under which FMB First Merchants Bank will disclose information about you or your accounts has been separately disclosed in FMBFirst Merchants Bank’s Privacy Policy and in other disclosures which have been provided. FMBFirst Merchants Bank’s Privacy Policy may change from time to time and is available online and at banking locations. You have a nonexclusive, nontransferable license to use FMBFirst Merchants Bank’s services, user manuals and other implementation and reference guides and manuals, as in effect from time to time, and all other material and associated documentation that FMB First Merchants Bank supplies to you pursuant to the Agreement (collectively, “Proprietary Data”). You acknowledge that you are not purchasing title to the Proprietary Data and the Proprietary Data constitutes trade secrets; Customer will use reasonable care to keep the Proprietary Data confidential and will not disclose any Proprietary Data to any person. The obligation to keep the Proprietary Data confidential shall survive termination of the Agreement. You will not use, make or have made, any additional copies of the Proprietary Data, or any part of it, without obtaining the prior written consent of an officer of FMBFirst Merchants Bank. You will not remove any identifying marks or copyright marks in or on the Proprietary Data. Upon the termination of the Agreement, you may be required to return all the Proprietary Data to FMB First Merchants Bank or certify to FMB First Merchants Bank that it has destroyed all copies of the Proprietary Data in your possession.

CONFIDENTIAL INFORMATION AND PROPRIETARY DATA. All information of a business nature disclosed by either party to the other in connection with the Agreement is confidential, including Security Devices and the Security Procedures (the “Confidential Information”). Neither party shall without the express written consent of the other, disclose or permit access to any such Confidential Information by any person, firm or corporation and each party shall cause its officers, employees, and agents to take such action as shall be necessary or advisable, to preserve and protect the confidentiality of disclosing such Confidential Information to persons required to have access thereto for the performance of the Agreement, or to any other party to which FMB may be required by law to report such information. You agree to hold confidential and to use only in connection with the Services provided under the Agreement all information furnished to you by FMB or by third parties from whom FMB has secured the right to use the Services, including, but not limited to, FMB’s product and service pricing structure, system design, programming techniques or other unique techniques. FMB and your obligations and agreements under this paragraph shall not apply to any information supplied that: was known to either party prior to the disclosure by the other, or is or becomes generally available to the public other than by breach of the Agreement, or otherwise becomes lawfully available on a non-confidential basis from a third party who is not under an obligation of confidence to either party. Notwithstanding anything to the contrary contained herein, it is authorized and agreed by the parties hereto that the performance of said Services is or might be subject to regulation and examination by authorized representatives of federal and state banking regulators, and you agree to the release of ’your reports, information, assurances, or other data as may be required by them under applicable laws and regulations. The circumstances under which FMB will disclose information about you or your accounts has been separately disclosed in FMB’s Privacy Policy and in other disclosures which have been provided. FMB’s Privacy Policy may change from time to time and is available online and at banking locations. You have a nonexclusive, nontransferable license to use FMB’s services, user manuals and other implementation and reference guides and manuals, as in effect from time to time, and all other material and associated documentation that FMB supplies to you pursuant to the Agreement (collectively, “Proprietary Data”). You acknowledge that you are not purchasing title to the Proprietary Data and the Proprietary Data constitutes trade secrets; Customer will use reasonable care to keep the Proprietary Data confidential and will not disclose any Proprietary Data to any person. The obligation to keep the Proprietary Data confidential shall survive termination of the Agreement. You will not use, make or have made, any additional copies of the Proprietary Data, or any part of it, without obtaining the prior written consent of an officer of FMB. You will not remove any identifying marks or copyright marks in or on the Proprietary Data. Upon the termination of the Agreement, you may be required to return all the Proprietary Data to FMB or certify to FMB that it has destroyed all copies of the Proprietary Data in your possession.

CONFIDENTIAL INFORMATION AND PROPRIETARY DATA. ‌ All information of a business nature disclosed by either party to the other in connection with the Agreement is confidential, including Security Devices security devices and the Security Procedures (the “Confidential Information”). Neither party shall without the express written consent of the other, disclose or permit access to any such Confidential Information confidential information by any person, firm or corporation and each party shall cause its officers, employees, and agents to take such action as shall be necessary or advisable, to preserve and protect the confidentiality of disclosing such Confidential Information confidential information to persons required to have access thereto for the performance of the Agreementagreement, or to any other party to which FMB we may be required by law to report such information. You agree to hold confidential and to use only in connection with the Services Commercial Online Banking provided under the Agreement all information furnished to you by FMB us or by third parties from whom FMB has we have secured the right to use the ServicesCommercial Online Banking, including, but not limited to, FMB’s our product and service pricing structure, system service design, programming techniques or other unique techniques. FMB FBHP and your obligations and agreements under this paragraph shall not apply to any information supplied that: was known to either party prior to the disclosure by the other, or is or becomes generally available to the public other than by breach of the Agreement, or otherwise becomes lawfully available on a non-confidential basis from a third party who is not under an obligation of confidence to either party. Notwithstanding anything to the contrary contained herein, it is authorized and agreed by the parties hereto that the performance of said Services Commercial Online Banking is or might be subject to regulation and examination by authorized representatives of federal and state banking regulators, and you agree to the release of ’your reports, information, assurances, or other data as may be required by them under applicable laws and regulations. The circumstances under which FMB we will disclose information about you or your accounts has been separately disclosed in FMB’s our Privacy Policy and in other disclosures which have been provided. FMB’s Our Privacy Policy may change from time to time and is available online and at banking locations. You have a nonexclusive, nontransferable license to use FMB’s servicesCommercial Online Banking, user manuals and other implementation and reference guides and manuals, as in effect from time to time, and all other material and associated documentation that FMB supplies we supply to you pursuant to the Agreement agreement (collectively, “Proprietary Dataproprietary data”). You acknowledge that you are not purchasing title to the Proprietary Data proprietary data and the Proprietary Data proprietary data constitutes trade secrets; Customer you will use reasonable care to keep the Proprietary Data proprietary data confidential and will not disclose any Proprietary Data proprietary data to any person. The obligation to keep the Proprietary Data proprietary data confidential shall survive termination of the Agreementagreement. You will not use, make or have made, any additional copies of the Proprietary Dataproprietary data, or any part of it, without obtaining the prior written consent from First Bank of an officer of FMBHighland Park. You will not remove any identifying marks or copyright marks in or on the Proprietary Dataproprietary data. Upon the termination of the Agreementagreement, you may be required to return all the Proprietary Data proprietary data to FMB us or certify to FMB us that it has you have destroyed all copies of the Proprietary Data proprietary data in your possession.

CONFIDENTIAL INFORMATION AND PROPRIETARY DATA. All information of a business nature disclosed by either party to the other in connection with the Agreement is confidential, including Security Devices and the Security Procedures (the “Confidential Information”). Neither party shall without the express written consent of the other, disclose or permit access to any such Confidential Information by any person, firm or corporation and each party shall cause its officers, employees, and agents to take such action as shall be necessary or advisable, to preserve and protect the confidentiality of disclosing such Confidential Information to persons required to have access thereto for the performance of the Agreement, or to any other party to which FMB First Merchants Bank may be required by law to report such information. You agree to hold confidential and to use only in connection with the Services provided under the Agreement all information furnished to you by FMB First Merchants Bank or by third parties from whom FMB First Merchants Bank has secured the right to use the Services, including, but not limited to, FMBFirst Merchants Bank’s product and service pricing structure, system design, programming techniques or other unique techniques. FMB First Merchants Bank and your obligations and agreements under this paragraph shall not apply to any information supplied that: was known to either party prior to the disclosure by the other, or is or becomes generally available to the public other than by breach of the Agreement, or otherwise becomes lawfully available on a non-confidential basis from a third party who is not under an obligation of confidence to either party. Notwithstanding anything to the contrary contained herein, it is authorized and agreed by the parties hereto that the performance of said Services is or might be subject to regulation and examination by authorized representatives of federal and state banking regulators, and you agree to the release of ’your reports, information, assurances, or other data as may be required by them under applicable laws and regulations. The circumstances under which FMB First Merchants Bank will disclose information about you or your accounts has been separately disclosed in FMBFirst Merchants Bank’s Privacy Policy and in other disclosures which have been provided. FMBFirst Merchants Bank’s Privacy Policy may change from time to time and is available online and at banking locations. You have a nonexclusive, nontransferable license to use FMBFirst Merchants Bank’s services, user manuals and other implementation and reference guides and manuals, as in effect from time to time, and all other material and associated documentation that FMB First Merchants Bank supplies to you pursuant to the Agreement (collectively, “Proprietary Data”). You acknowledge that you are not purchasing title to the Proprietary Data and the Proprietary Data constitutes trade secrets; Customer will use reasonable care to keep the Proprietary Data confidential and will not disclose any Proprietary Data to any person. The obligation to keep the Proprietary Data confidential shall survive termination of the Agreement. You will not use, make or have made, any additional copies of the Proprietary Data, or any part of it, without obtaining the prior written consent of an officer of FMBFirst Merchants Bank. You will not remove any identifying marks or copyright marks in or on the Proprietary Data. Upon the termination of the Agreement, you may be required to return all the Proprietary Data to FMB First Merchants Bank or certify to FMB that it has destroyed all copies of the Proprietary Data in your possession.First Merchants Bank