Common use of CONFIDENTIAL INFORMATION AND PUBLICITY Clause in Contracts

CONFIDENTIAL INFORMATION AND PUBLICITY. A. HMG agrees to hold in confidence the following confidential information: (1) All information that the Diversion Authority discloses to HMG; and (2) All information to which HMG gains access while providing services under this Agreement. B. Confidential information does not include any information that HMG can demonstrate has been made available to the public (other than through a breach of this Agreement). As between HMG and the Diversion Authority, the Diversion Authority owns the confidential information, and the Diversion Authority authorizes HMG to use it only for purposes of performing this Agreement. HMG may also disclose the Diversion Authority’s confidential information to the extent necessary to comply with law, provided HMG gives the Diversion Authority prior written notice. Upon the end date of this Agreement, HMG must destroy or return all confidential information to the Diversion Authority, at the Diversion Authority’s discretion, and certify to the Diversion Authority, in writing, that it has done so; provided, however, such destruction shall include, without limitation, the process of expunging, to the extent reasonably practicable, all such confidential information from any computer, hard drive, word processor, server, backup tape, or other electronic device containing such confidential information. Notwithstanding the foregoing, HMG may retain one archival copy of the confidential information in its confidential files for the purpose of complying with applicable laws or established company procedure regarding the preservation of business records. C. HMG must not make any public announcement, press release, or other writing relating to the services under this Agreement without the Diversion Authority’s prior written approval. D. HMG understands a breach under this section may result in irreparable damage for which no adequate remedy may be available. Accordingly, injunctive relief and other equitable relief are remedies available to the Diversion Authority.

CONFIDENTIAL INFORMATION AND PUBLICITY. A. HMG X. Consultant agrees to hold in confidence the following confidential information: (1) All information that the Diversion Authority discloses to HMGConsultant; and (2) All information to which HMG Consultant gains access while providing services under this Agreement. B. Confidential information does not include any information that HMG Consultant can demonstrate has been made available to the public (other than through a breach of this Agreement). As between HMG Consultant and the Diversion Authority, the Diversion Authority owns the confidential information, and the Diversion Authority authorizes HMG Consultant to use it only for purposes of performing this Agreement. HMG Consultant may also disclose the Diversion Authority’s confidential information to the extent necessary to comply with law, provided HMG Consultant gives the Diversion Authority prior written notice. Upon the end date of this Agreement, HMG Consultant must destroy or return all confidential information to the Diversion Authority, at the Diversion Authority’s discretion, and certify to the Diversion Authority, in writing, that it has done so; provided, however, such destruction shall include, without limitation, the process of expunging, to the extent reasonably practicable, all such confidential information from any computer, hard drive, word processor, server, backup tape, or other electronic device containing such confidential information. Notwithstanding the foregoing, HMG Consultant may retain one archival copy of the confidential information in its confidential files for the purpose of complying with applicable laws or established company procedure regarding the preservation of business records. C. HMG Consultant must not make any public announcement, press release, or other writing relating to the services under this Agreement without the Diversion Authority’s prior written approval. D. HMG Consultant understands a breach under this section Section may result in irreparable damage for which no adequate remedy may be available. Accordingly, injunctive relief and other equitable relief are remedies available to the Diversion Authority.

CONFIDENTIAL INFORMATION AND PUBLICITY. A. HMG X. Xxx agrees to hold in confidence the following confidential information: (1) All information that the Diversion Authority discloses to HMGAon; and (2) All information to which HMG Aon gains access while providing services under this Agreement. B. Confidential information does not include any information that HMG Aon can demonstrate has been made available to the public (other than through a breach of this Agreement). As between HMG Aon and the Diversion Authority, the Diversion Authority owns the confidential information, and the Diversion Authority authorizes HMG Aon to use it only for purposes of performing this Agreement. HMG Aon may also disclose the Diversion Authority’s confidential information to the extent necessary to comply with law, provided HMG Aon gives the Diversion Authority prior written notice. Upon the end date of this Agreement, HMG Aon must destroy or return all confidential information to the Diversion Authority, at the Diversion Authority’s discretion, and certify to the Diversion Authority, in writing, that it has done so; provided, however, such destruction shall include, without limitation, the process of expunging, to the extent reasonably practicable, all such confidential information from any computer, hard drive, word processor, server, backup tape, or other electronic device containing such confidential information. Notwithstanding the foregoing, HMG Aon may retain one archival copy of the confidential information in its confidential files for the purpose of complying with applicable laws or established company procedure regarding the preservation of business records. C. HMG X. Xxx must not make any public announcement, press release, or other writing relating to the services under this Agreement without the Diversion Authority’s prior written approval. D. HMG X. Xxx understands a breach under this section may result in irreparable damage for which no adequate remedy may be available. Accordingly, injunctive relief and other equitable relief are remedies available to the Diversion Authority.