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 we may be required by law to report such information. You agree to hold confidential and to use only in connection with Commercial Online Banking provided under the Agreement all information furnished to you by us or by third parties from whom we have secured the right to use Commercial Online Banking, including, but not limited to, our product and service pricing structure, service design, programming techniques or other unique techniques. 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 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 we will disclose information about you or your accounts has been separately disclosed in our Privacy Policy and in other disclosures which have been provided. 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 Commercial 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 we supply 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; you 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 from First Bank of Highland Park. 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 us or certify to us that you have 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 we First Merchants Bank may be required by law to report such information. You agree to hold confidential and to use only in connection with Commercial Online Banking the Services provided under the Agreement all information furnished to you by us First Merchants Bank or by third parties from whom we have First Merchants Bank has secured the right to use Commercial Online Bankingthe Services, including, but not limited to, our First Merchants Bank’s product and service pricing structure, service system design, programming techniques or other unique techniques. FBHP 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 Commercial Online Banking 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 we First Merchants Bank will disclose information about you or your accounts has been separately disclosed in our First Merchants Bank’s Privacy Policy and in other disclosures which have been provided. Our First 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 Commercial Online BankingFirst 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 we supply First Merchants Bank supplies 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; you Customer 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 of an officer of First Bank of Highland ParkMerchants Bank. 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 us First Merchants Bank or certify to us First Merchants Bank that you have it has 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 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 we FMB may be required by law to report such information. You agree to hold confidential and to use only in connection with Commercial Online Banking the Services provided under the Agreement all information furnished to you by us FMB or by third parties from whom we have FMB has secured the right to use Commercial Online Bankingthe Services, including, but not limited to, our FMB’s product and service pricing structure, service system design, programming techniques or other unique techniques. FBHP 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 Commercial Online Banking 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 we FMB will disclose information about you or your accounts has been separately disclosed in our FMB’s Privacy Policy and in other disclosures which have been provided. Our 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 Commercial Online BankingFMB’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 we supply FMB supplies 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; you Customer 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 Highland Parkan officer of FMB. 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 us FMB or certify to us FMB that you have it has 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 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 we FMB may be required by law to report such information. You agree to hold confidential and to use only in connection with Commercial Online Banking the Services provided under the Agreement all information furnished to you by us FMB or by third parties from whom we have FMB has secured the right to use Commercial Online Bankingthe Services, including, but not limited to, our FMB’s product and service pricing structure, service system design, programming techniques or other unique techniques. FBHP 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 Commercial Online Banking 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 we FMB will disclose information about you or your accounts has been separately disclosed in our FMB’s Privacy Policy and in other disclosures which have been provided. Our 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 Commercial Online BankingFMB’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 we supply FMB supplies 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; you Customer 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 Highland Parkan officer of FMB. 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 us FMB or certify to us FMB that you have it has destroyed all copies of the proprietary data Proprietary Data in your possession.